VANISHREE @ IMAGULATE vs THE DEPUTY SUPERINTENDENT OF

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2022 Supreme(Online)(MAD) 40383

IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 24.11.2022 Pronounced on : 06.12.2022 CORAM THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Criminal Appeal No.289 of 2015
1.Vanishree @ Imagulate
2.Sisaro
3.Venus @ Jegadeesan (died) ... Appellants/Accused /versus/ State by The Deputy Superintendent of Police, Attur, Salem District.
Crime No.393 of 2003 ... Respondent/Complainant Prayer:- Criminal Appeal is filed under Section 374 of Cr.P.C., prayed to call for the records and to set aside the order of conviction and sentence passed against the appellants (A1 to A3) by the Principal Sessions Judge Court, Salem in S.C.No.242 of 2005 dated 30.04.2015 and acquit them from all the charges.
For Appellants : Mr.V.R.Appaswamee For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side)

JUDGMENT

The Principal Sessions Court, Salem convicted the appellants 1 to 3 herein and sentenced vide impugned judgment dated 30.04.2015, made in S.C.No.242 of 2005, as follows:-

Rank of the accused	Charges	Findings of the trial Court	Punishment
1st accused U/s.342 IPC		Found guilty	Convicted and sentenced to undergo one year Rigorous Imprisonment and to pay a fine of Rs.1,000/-; in default to undergo two months Rigorous Imprisonment.
	U/s.307 r/w.34 IPC	Found guilty	Convicted and sentenced to undergo five years Rigorous Imprisonment and to pay a fine of Rs.2,000/-; in default to undergo six months Rigorous Imprisonment.
2nd accused	U/s.342 IPC	Found guilty	Convicted and sentenced to undergo one year Rigorous Imprisonment and to pay a fine of Rs.1,000/-; in default to undergo two months Rigorous Imprisonment.
	U/s.307 r/w.34 IPC	Found guilty	Convicted and sentenced to undergo five years Rigorous Imprisonment and to pay a fine of Rs.2,000/-; in default to undergo six months Rigorous Imprisonment.

Rank of the accused	Charges	Findings of the trial Court	Punishment
	U/s.355 IPC	Found guilty	Convicted and sentenced to undergo onr year Rigorous Imprisonment and to pay a fine of Rs.1,000/-; in default to undergo two months Rigorous Imprisonment.
3rd accused	U/s.342 IPC	Found guilty	Convicted and sentenced to undergo one year Rigorous Imprisonment and to pay a fine of Rs.1,000/-; in default to undergo two months Rigorous Imprisonment.
	U/s.307 r/w.34 IPC	Found guilty	Convicted and sentenced to undergo five years Rigorous Imprisonment and to pay a fine of Rs.2,000/-; in default to undergo six months Rigorous Imprisonment.

2. These three appellants were also charged for offence under Section

3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 r/w. Section 34 I.P.C., but the trial Court found that the prosecution has failed to prove the said charge and acquitted the appellants.

3. The gist of the prosecution is that Kamatchi, the daughter of PW.1 was working as a maid in the house of Vanishree/the 1st appellant herein. She had been working in their house for nearly 7 months. For about 5 months, she was taken care well, but when Kamatchi saw Vanishree and the 2nd appellant /2nd accused in a compromise position, they both started physically torturing her. The 3rd appellant/3rd accused joined with other accused and subjected Kamatchi to brutal attack and as a consequence, she was taken to a private hospital for the injuries. This incident came to the notice of a Women Association at Salem by kfsph; tpHpfs; r'f; k;

name “ ” and they informed the police on 11.07.2003. The respondent police went to Selva Hospital recorded the statement of Kamatchi and registered the First Information Report in Crime No.393 of 2003 dated 11.07.2003 against these three appellants for the alleged offences under Sections 341, 343, 323 and 506(i) I.P.C. Later through investigation, it was found that the appellants with intention to cause death, the 1st appellant tried to strangulate Kamatchi. The 2nd and 3rd appellants had attacked her all over the body with stick. All the three accused has confined her in a room to prevent her from disclosing the illegal intimacy between A1 and A2. The 2nd accused has also forced the victim girl/ Kamatchi to dance for cinema tune and made 1st appellant sons to urinate in the mouth of Kamatchi. Since the victim Kamatchi belong to scheduled caste charged under Sections 3(2)(v) SC/ST(Prevention of Atrocity) Act, 1989, r/w.34 IPC, Section 342 I.P.C., 307 r/w.34 I.P.C against A1 to A3 and Section 355 I.P.C., against A2 were framed.

4. To prove the charges, the prosecution examined 16 witnesses as PW.1 to PW.16 and marked 16 exhibits as Ex.P1 to Ex.P16. The trial Court believed the case of the prosecu

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