The main legal point established in the judgment is the requirement for specific evidence to support a conviction, as demonstrated in the court's decision to set aside the conviction and sentence under Section 506 (Part-2) IPC due to lack of specific evidence of threats made by the appellant.

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 25.09.2005.

(b) P.W.1 informed her father P.W.2 about the appellant/accused. Hence, her father enquired the appellant and his parents, they threatened P.W.1's family and they have also obtained a letter from them stating that the appellant/accused is no way connected to the child delivered by P.W.1. Thereafter, a Panchayat was convened, which ended in vain.

(c) Thereafter, on 23.11.2005, P.W.1 lodged a complaint Ex.P-1 with P.W.11 Sub-Inspector of Police, All Women Police Station, Kondalampatti, Salem District. On receipt of the said complaint, P.W.11 assigned C.S.R. No. 479 of 2005. On conducting enquiry, the said C.S.R. was closed by P.W.11. Thereafter, on 23.09.2006, on the basis of the direction of this Court, P.W.1 gave complaint (Ex.P-2) to P.W.12 Inspector of Police, which was registered in Crime No. 6 of 2006 for the offences under Sections 417 and 506 (Part-2) IPC. Ex.P-10 is the FIR.

(d) Subsequently, P.W.12 went to the place of occurrence and conducted enquiry; she recorded the statement of the witnesses, namely Muthusamy and P.W.8 Abubakkar. P.W.12 drew Ex.P-11 rough sketch. On 26.09.2006, again P.W.12 went to the place of occurrence and recorded the statement of the witnesses, namely Devaraj, Subramani and Muthusamy. On 14.11.2006, she examined Dr. Irudhaya, Dr. Jain and Dr. Arjunan and recorded their statements. On 12.01.2007, she sent a requisition to the concerned Magistrate for conducting DNA test on P.W.1, accused and the child. On 02.04.2007, the DNA test report, dated 16.03.2007 was received from the Forensic Sciences Laboratory, which confirmed that the appellant/accused is the father of the child born to P.W.1. Thereafter, on 10.07.2007, the offences were altered from Sections 417 and 506 (Part-2) IPC to Sections 376, 417 and 506 (Part 2) IPC. On completion of the investigation, P.W.12 filed charge-sheet before the Court against the appellant/accused for the said offences. The case was taken on file by the trial Court and the trial was conducted in S.C. No. 40 of 2008 (Crime No. 6 of 2006).

3. In order to prove their case, during the course of trial, the prosecution has examined 12 witnesses and marked 15 documents.

4. When the appellant/accused was questioned under Section 313 Cr.P.C., he denied his complicity in the crime. He neither examined any witness, nor marked any document.

5. Upon hearing the submissions of either side and considering the oral and documentary evidence available on record, the trial Court acquitted the appellant/accused of the charge under Section 376 IPC as no case was made out and convicted the appellant/accused and sentenced him for the offences under Sections 417 and 506 (Part-2) IPC, as stated supra. Challenging the said conviction and sentence, the appellant/accused has filed this Criminal Appeal.

6. When the