Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR, J
Sandeep Sharma – Appellant
Versus
State – Respondent
ORDER :
1. The petitioner/accused was convicted by the learned XVI Metropolitan Magistrate, George Town, Chennai in C.C.No.3081 of 2014 by judgment dated 13.02.2020 and sentenced to undergo one month simple imprisonment and to pay a fine of Rs.10,000/-, in default to undergo one month simple imprisonment for the offence under Section 4 of Tamil Nadu Prohibition of Women Harassment Act. Aggrieved against the same, the petitioner preferred an appeal before the Sessions Court in C.A.No.55 of 2020. The learned Principal Sessions Judge, Chennai dismissed the appeal by judgment dated 03.09.2021 confirming the conviction and sentence of the Trial Court. Against which, the present revision is filed.
2. The case against the petitioner is that the defacto complainant/P.W.1 lodged a complaint stating that on 28.03.2014 she travelled in Tamil Nadu Express from Chennai to New Delhi to attend a examination in AIIMS at New Delhi, she purchased an open ticket [Ticket No.492449803] and was searching for a vacant seat in the reserved compartment. Thereafter, she approached the Travelling Ticket Examiner [TTE], the petitioner/accused herein for accommodation, who advised her to get into Coach No.S9 and
The absence of corroborative evidence and inconsistencies in the victim's testimony led to the acquittal of the accused in a harassment case.
A conviction based solely on uncorroborated testimony is unsustainable; reliable evidence is crucial for affirming charges, especially in cases involving personal animosity.
Summoning of an accused under IPC Section 354 requires clear evidence; unexplained delays and lack of corroborating witnesses render allegations insufficient.
The court quashed charges under Section 354 IPC due to lack of evidence of intent to outrage modesty as required by law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
