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2016 Supreme(Mad) 2058

R.SUBBIAH
Amsaraj – Appellant
Versus
State rep. by Inspector of Police – Respondent


Advocates Appeared:
For the Appellant : Mr. B. Vasudevan
For the Respondent: Mr. P. Govindarajan, Addl. P.P.

JUDGMENT :

This Criminal Appeal has been filed against the judgment dated 27.05.2009 in S.C.No.40 of 2008 on the file of the Sessions Court/Mahila Court, Salem. By the said judgment, the appellant/accused was convicted for the offence under Section 417 IPC and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs. 2,000/-, in default, to undergo three months rigorous imprisonment; he was also convicted for the offence under Section 506 (Part-2) IPC and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs. 2,000/-, in default, to undergo three months rigorous imprisonment. The sentences imposed on the appellant/accused were directed to run consecutively. The appellant/accused was acquitted of the charge under Section 376 IPC.

2. The case of the prosecution is briefly stated hereunder:

(a) About one year prior to 25.09.2005, the appellant/accused, by giving false promise that he would marry P.W.1/de-facto complainant, had sexual intercourse with her. Even afterwards, he had sexual intercourse with her on the said false promise. But the appellant/accused was evading to marry her. In the meanwhile, P.W.1 delivered a female child on 25.09.20
















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