N. Rasu @ Velayutham vs State rep by Inspector of Police

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 Supreme(Mad) 4123

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. NAGAMUTHU, N.AUTHINATHAN, JJ.
N. Rasu @ Velayutham & Ors. – Appellants
Vs.
State rep by Inspector of Police, Erode South Police Station – Respondent
Criminal Appeal Nos.372, 376, 400 & 630 of 2016 and Crl.M.P.10364 of 2016
Decided On : 14-12-2016

Advocates Appeared:
For the Appellants : Mr. A.N. Rajan, Mr. C. Munusamy, Mr. A. Natarajan, Mr. R. Gopinath, Mr. C. Munusamy, Mr. V.R. Balasubramanain for Mr. C. Prakasam
For the Respondent: Mr. P. Govindaraj Additional Public Prosecutor

Headnote:
Indian Penal Code,1860 – Section 370, 332, 366 r/w 34, 506(ii), 368 r/w 366 – Criminal Procedure Code,1973 - Section 164 - Prohibition of Child Marriage Act, 2006 - POCSO Act – Section 6 r/w 17,10 and 34 - Juvenile Justice (Care and Protection of Children) Act - Section 94 – Voluntarily causing hurt – kidnapping,abducting or inducing women – Criminal intimidation - First accused was residing in in Erode - He was doing drinking water sales business - He used to carry drinking water cans and supply same to consumers in that area In such a way he used to supply drinking water cans to house of P.W.3 also - Thus, he had seen P.W.3 on many occasions - It is alleged that he developed a love for her - After some time, P.W.1 shifted his family to a house in 3rd street of in Erode - First accused continued to supply drinking water cans to house of P.W.3 - Accused continued to have a love for P.W.3 and he had in his mind a desire to marry her - All these three accused were already known to P.W.3 - They intercepted P.W.3 - First accused offered to take them in motorcycle and leave them in their house - They refused suddenly first accused pulled hands of P.W.3 and dragged her towards motorcycle - P.W.4 and Amena tried to prevent, but first accused succeeded in dragging her towards motorcycle and forced her to sit on motorcycle – Held, since they arranged for marriage, took A1 and P.W.3 to Temple and celebrated marriage, they would have verified the age of P.W.3, normal presumption is that they knew that she was a child - First accused was hardly aged about 25 years, out of love for P.W.3 and since P.W.3 had gone to extent of taking poison to commit suicide out of love failure under enormous pressure, he had accompanied P.W.3, married her and had sexual intercourse with her, both before marriage as well as after marriage - He has got no bad antecedents - Having regard to these aggravating as well as mitigating circumstances, Court are of view that sentencing him to undergo 10 years rigorous imprisonment and to pay a fine in default to under rigorous imprisonment for four weeks - Accused 3, 4 and 6 to 9 are concerned for offence under Section 10 of Prohibition of Child Marriage Act, maximum punishment provided itself is only two years of imprisonment with fine - In this case, Court are told that these accused were in prison for few months - In Court considered view, same would be sufficient besides we impose a sum each as fine - Court are also of view that entire fine amount shall be paid to P.W.3 as compensation - Appeal is partly allowed - Consequently, connected miscellaneous petition is closed.

JUDGMENT :

S. Nagamuthu, J.

1. The appellant in Crl.A.No.400 of 2016 is the first accused, the appellant in Crl.A.No.630 of 2016 is the second accused, the appellants in Crl.A.No.372 of 2016 are the accused 3, 4, 6, 7 & 8 and the appellant in Crl.A.No.376 of 2016 is the 9th accused in Spl.S.C.No.26 of 2014 on the file of the learned Sessions Judge, Mahila Court (Mahila Fast Track Court), Erode. The 5th accused was one Mr.D.Yuvaraj. The trial Court framed charges against all the nine accused as detailed below:

Serial Number of charge

Charges framed against

Charges framed under Section

1

A1, A2 & A9

370 of IPC

2

A2 & A9

332 of IPC

3

A1

366 of IPC

4

A3 to A6

366 r/w 34 of IPC

5

A1

506(ii) of IPC

6

A1 to A9

368 r/w 366 of IPC

7

A1

9 of Prohibition of Child Marriage Act, 2006

8

A2 to A9

10 of Prohibition of Child Marriage Act, 2006

9

A1

6 of POCSO Act

10

A2 to A9

6 r/w 17 of POCSO Act

By judgment dated 10.05.2016, the trial Court acquitted the 5th accused from all charges however convicted an sentenced the accused 1 to 4 and 6 to 9, who are the appellants herein, as detailed below:

Rank of the Accused

Penal provisions under which convicted

Sentence

A1

Section 366 of IPC

Rigorous Imprisonment for ten years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for two years

Section 506(ii) of IPC

Rigorous Imprisonment for seven years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for one years

Section 368 r/w 366 of IPC

Rigorous Imprisonment for ten years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for two years

Section 9 of Prohibition of Child Marriage Act, 2006

Rigorous Imprisonment for two years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months

Section 6 of POCSO Act

Imprisonment for life and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for two year

A2

Section 368 r/w 366 of IPC

Rigorous Imprisonment for ten years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for two year

A3

Section 10 of Prohibition of Child Marriage Act, 2006

Rigorous Imprisonment for two years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months

A4

Section 10 of Prohibition of Child Marriage Act, 2006

Rigorous Imprisonment for two years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months

A6

Section 10 of Prohibition of Child Marriage Act, 2006

Rigorous Imprisonment for two years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months

A7

Section 10 of Prohibition of Child Marriage Act, 2006

Rigorous Imprisonment for two years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months

A8

Section 10 of Prohibition of Child Marriage Act, 2006

Rigorous Imprisonment for two years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months

A9

Section 368 r/w 366 of IPC

Rigorous Imprisonment for ten years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for two years

Section 10 of Prohibition of Child Marriage Act, 2006

Rigorous Imprisonment for two years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months

Challenging the said conviction and sentence, the appellants are before this Court with these appeals.

2. The case of the prosecution in brief is as follows:

2.1. The third witness for the prosecution was a chi

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Serial Number of charge	Charges framed against	Charges framed under Section
1	A1, A2 & A9	370 of IPC
2	A2 & A9	332 of IPC
3	A1	366 of IPC
4	A3 to A6	366 r/w 34 of IPC
5	A1	506(ii) of IPC
6	A1 to A9	368 r/w 366 of IPC
7	A1	9 of Prohibition of Child Marriage Act, 2006
8	A2 to A9	10 of Prohibition of Child Marriage Act, 2006
9	A1	6 of POCSO Act
10	A2 to A9	6 r/w 17 of POCSO Act

Rank of the Accused	Penal provisions under which convicted	Sentence
A1	Section 366 of IPC	Rigorous Imprisonment for ten years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for two years
	Section 506(ii) of IPC	Rigorous Imprisonment for seven years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for one years
	Section 368 r/w 366 of IPC	Rigorous Imprisonment for ten years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for two years
	Section 9 of Prohibition of Child Marriage Act, 2006	Rigorous Imprisonment for two years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months
	Section 6 of POCSO Act	Imprisonment for life and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for two year
A2	Section 368 r/w 366 of IPC	Rigorous Imprisonment for ten years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for two year
A3	Section 10 of Prohibition of Child Marriage Act, 2006	Rigorous Imprisonment for two years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months
A4	Section 10 of Prohibition of Child Marriage Act, 2006	Rigorous Imprisonment for two years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months
A6	Section 10 of Prohibition of Child Marriage Act, 2006	Rigorous Imprisonment for two years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months
A7	Section 10 of Prohibition of Child Marriage Act, 2006	Rigorous Imprisonment for two years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months
A8	Section 10 of Prohibition of Child Marriage Act, 2006	Rigorous Imprisonment for two years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months
A9	Section 368 r/w 366 of IPC	Rigorous Imprisonment for ten years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for two years
A9	Section 10 of Prohibition of Child Marriage Act, 2006	Rigorous Imprisonment for two years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for six months

2016 Supreme(Mad) 4123

IN THE HIGH COURT OF JUDICATURE AT MADRASS. NAGAMUTHU, N.AUTHINATHAN, JJ.N. Rasu @ Velayutham & Ors. – AppellantsVs.State rep by Inspector of Police, Erode South Police Station – RespondentCriminal Appeal Nos.372, 376, 400 & 630 of 2016 and Crl.M.P.10364 of 2016Decided On : 14-12-2016

Cases Referred (1)

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. NAGAMUTHU, N.AUTHINATHAN, JJ.
N. Rasu @ Velayutham & Ors. – Appellants
Vs.
State rep by Inspector of Police, Erode South Police Station – Respondent
Criminal Appeal Nos.372, 376, 400 & 630 of 2016 and Crl.M.P.10364 of 2016
Decided On : 14-12-2016