J U D G M E N T

The Appellant is the sole Accused in Spl.S.C.No.2 of 2015 dated

27.12.2017 on the file of the learned Sessions Judge, Fast Track Mahila Court, Salem.

2. The Trial Court, vide impugned judgment dated 27.12.2017, has convicted the Sole Appellant/Accused as follows : -

Accused is not found guilty of the offence under Sections 294(b) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998, and acquitted under Section 235(1) of Cr.P.C. The Trial Court ordered the sentences to run concurrently and has also set off the period of incarceration undergone by the Accused during investigation/trial under Section 428 Cr.P.C..

3. The challenge in this Appeal is to the above said judgment of the learned Sessions Judge, Fast Track Mahila Court, Salem.

4. The brief facts, which are necessary for the disposal of this Criminal Appeal, are as follows:-

4.1. P.W-1 was already married and had two daughters. She was working as Accountant at Jayanthi Industries, Coimbatore. The husband of P.W-1, Velusamy, was working as driver. There had been dispute between the husband and wife. The husband of P.W-1 had driven her out of the matrimonial home along with her younger daughter, who is the victim, P.W- 2 in this case. After such incident, the elder daughter was staying with the husband of P.W-1.

4.2. P.W-1 was working at Jayanthi Industries as Accountant and the Accused was serving as Manager in the very same Company (Jayanthi Industries, Coimbatore). In due course of time, on coming to know that P.W-1 is living separately from her husband, the Accused is alleged to have made advance to P.W-1. Considering her client sympathy, the Accused is alleged to have offered to marry her and look after her minor daughter as his own daughter. On that pretext, P.W-1 claims that the Accused married her in Koniamman Temple in Town Hall, Coimbatore, in the presence of younger daughter, P.W-2 (victim). After the marriage of P.W-1, the Accused took out rental house at Indira Nagar, Kurangu Chavadi, Salem and had been residing as husband and wife. In the course of such co- habitation, the Accused, Raj Kannan, was working as a Manager in Jayanthi Industries, Coimbatore. He used to go for his job from Salem towards Coimbatore. Subsequently, he represented to P.W-1 that his father is starting business in Coimbatore and that he wanted to develop the business and made such representation. He obtained Rs.2,00,000/- from P.W-1 and her jewels weighing 30 sovereigns for his business purposes. Subsequently, there had been changes in his behaviour towards P.W-1. On 01.02.2014, when P.W-1 went for shopping, the victim, P.W-2, daughter of P.W-1 and the Accused were at home. On her return, she found her daughter P.W-2 weeping. On enquiry, she came to know that he had attempted to misbehave with her daughter, P.W-2. Therefore, she confronted him and sent him out. She had not informed this occurrence to anyone. Subsequently, she contacted Accused on his mobile and requested to return her jewels and money. For this, the Accused is alleged to have abused her in filthy language. Also, he is alleged to have threatened her. She demands the money and jewels back. Also, he is alleged to hav