JUDGMENT :

(Prayer: Criminal Revision Petition is filed under Section 397(1) r/w 401(1) of Criminal Procedure Code, to call for the records by setting aside the Judgment, dated 15.10.2014 passed by the Learned Principal Sessions Judge, Namakkal in Crl.A.No.47 of 2013 confirming the Judgment passed by the Learned Judicial Magistrate, Rasipuram in C.C.No.303 of 2012 by Judgment dated 13.11.2013 against the revision petitioner.)

1. The petitioner/accused No.2 viz., Veeramani has brought forth this Criminal Revision Case, aggrieved by the conviction for the offence under Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 1998 and imposing a sentence of Simple Imprisonment for a period of one year and fine of Rs.1,000/- in default of payment of fine amount to undergo further period of three months Simple Imprisonment, as per the Judgment dated 13.11.2013 of the Learned Judicial Magistrate No.I, Rasipuram, Namakkal in C.C.No.303 of 2012 which was confirmed in the Judgment dated 15.10.2014 in Crl.A.No.47 of 2013 on the file of the Learned Principal Sessions Judge, Namakkal.

2. On 15.06.2011, when PW.6/Jayaraman, Sub-Inspector of Police was on duty at Vennandhur Police Station, PW.1 came to the Police Station and lodged a complaint/Ex.P1, dated 23.05.2011, stating that on 17.05.2011 at about 8.00 p.m., when she along with her daughter/PW.2 viz., Priyadharshini, were proceeding to a shop, the accused persons were standing opposite to the shop. Upon overhearing the telephonic conversation of her daughter/PW.2, who asked her husband that when will he come, the accused persons, in a filthy language, teased and harassed as if they are ready to come and used sexually abusive language against them. Thereafter, when her son-in-law and son came to the spot and confronted the accused, the accused threatened to do physically harm them and do away with their life. On the said complaint, he registered the case in Crime No.329 of 2011 against the all the accused for the offences under Sections 294(b), 341, 147 and 506(ii) of IPC., and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act,1998. PW.7/Anbalagan, took up the case for investigation and laid a charge sheet proposing totally six accused guilty of the aforesaid offences.

3. The Learned Judicial Magistrate, Rasipuram, took cognizance of the offences in C.C.No.303 of 2012 and upon summoning the accused, the accused denied the charges and stood trial. The prosecution examined one Tamilarasi, the first informant as PW.1, her daughter Priyadharshini, the victim as PW.2; One Kannan husband of PW.2 as PW.3; One Krishnan, son of PW.1 as PW.4; One Bhaskar, the owner of the provisional shop, as PW5, who was treated as hostile; Jayaraman, Sub-Inspector of Police, who registered the case, as PW.6; and Anbalagan, the Investigating officer, as PW.7.

4. On behalf of the prosecution, the complaint dated 23.05.2011 was marked as Ex.P1; the observation mahazar was marked as Ex.P2; the First Information Report was marked as Ex.P3 and the rough sketch was marked as Ex.P4.

5. Upon being questioned under Section 313 of Cr.P.C., about the evidence let in and adverse circumstances against the accused, the accused denied the same as false. There was no evidence let in on behalf of the defence.

6. The Trial Court thereafter proceeded to hear the arguments of the Learned Assistant Public Prosecutor for the prosecution and the Learned Counsel for the accused and by a Judgment dated 13.11.2013, found that all the allegations against the accused No.3 to 6 were not proved and as against the first accused and the second accused the offences under Sections 147, 341, 506(ii) and 294(b) of IPC., as not been proved. On the basis of the evidence of PW.1 to PW.4, the Trial Court came to the conclusion that the first and second accused have committed the offence under Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 1998, and imposed a punishment of fine of Rs.5,000/- on the first accused, consi