PRABU vs STATE REP BY - 2022 Supreme(Online)(MAD) 2313

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2022 Supreme(Online)(MAD) 2313

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :23.02.2022 CORAM : JUSTICE N.SESHASAYEE Crl.A.No.542 & 574 of 2021 and Crl.M.P.No.11602 of 2021
1. Prabu ... Appellant in Crl.A.No.542 of 2021
2 Anbazhagan ... 1st Appellant in Crl.A.No.574 of 2021 3. Rajeshwari ...2nd Appellant in Crl.A.No.574 of 2021 Vs.
The State rep.
The Inspector of Police, All Women Police Station, Virudhachalam, Cuddalore District (Crime No.24 of 2017) ....Respondent in Crl.A.Nos.542 & 574/2021 COMMON PRAYER: Criminal Appeals filed under Sections 374(2) and 378 of Criminal Procedure Code,to set aside the conviction and sentence of the appellants by the judgment dated 23.07.2021 in Sessions Case No.176 of 2019, on the file of the Court of Sessions Judge, Mahila Court, Cuddalore and acquit the appellants.
For Appellant /Appellants : Mr.T.Saikrishnan (in both cases) for Mr.B.Balavijayan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side)

COMMON ORDER

These Criminal Appeals have been filed by all the three accused persons in S.C.No.176 of 2019 on the file of Mahila Court, Cuddalore.

2. Crl.A.No.542 of 2021 was filed by A1, whereas Crl.A.No.574 of 2021 was filed by A2 and A3. They were convicted and sentenced by the Sessions Court vide its judgment dated 04.12.2019 and the details are as follows:

Accused	Provision under which convicted	Sentence
A1	Section 376(1) IPC	Ten years rigorous imprisonment and also to pay a fine of Rs.30000/- in default to undergo simple imprisonment for a period of two(2) years
	Section 312 IPC	Two years rigorous imprisonment and also to pay a fine of Rs.10000/- in default to undergo simple imprisonment for a period of six(6) months
	Section 417 IPC	One year rigorous imprisonment and also to pay a fine of Rs.10000/- in default to undergo simple imprisonment for a period of three(3) months
A2 and A3	Section 294(b) IPC	Three years simple imprisonment and also to pay a fine of Rs.5000/- in default to undergo simple imprisonment for a period of three(3) weeks each
A1 to A3	Section	Two years rigorous imprisonment and also to

Accused	Provision under which convicted	Sentence
	506(i) IPC	pay a fine of Rs.5000/- in default to undergo simple imprisonment for a period of six(6) months each
A2 and A3	Section 506(i) IPC	Two years Simple imprisonment and also to pay a fine of Rs.5000/- in default to undergo simple imprisonment for a period of six(6) months each
		Total fine Rs.75,000/-(A1-Rs.55,000, A2-Rs.10,000/- and A3 Rs.10,000/-)
		Out of the fine amount Rs.55,000/-, payment of which has been ordered to be made by A1, as part of the sentence, a sum of Rs.30,000/- (Rupees thirty thousand only) is ordered to be paid to P.W.1, the victim in the case, under Section 357(1)(b) Cr.P.C.

3. The case of the prosecution can be summarised:

● On 12.11.2017, PW1, a woman aged around 28 - 29 years, had preferred a complaint to the respondent police, wherein she has alleged that she and A1 were loving for about 5 years prior to the date of the complaint, that during the said period A1 would regularly visit her house, and that he had intercourse with her on a promise that he would marry her. Some three years prior to the date of the complaint, PW1 had conceived, and that A-1 had got her some medicine consuming which she aborted and thus A1 had forced a miscarriage on P.W.1.

● Even thereafter, A1 continued to have sexual intercourse with her.

While so, A1 got a permanent job as a night-watchman in the District Judiciary. Thereafter, he chose to avoid PW1. In this backdrop, on 19.06.2017, at about 9.00 a.m, PW1 with her family members visited A1 at the latter’s house. There, A1 along with his parents (A2 and A3) and his brother Bharani were there. All the accused persons abused PW1 and others. They also pulled P.W.1’s hair, abused and driven them away. P.W.1 felt bad about the whole turn of events and she attempted to commit suicide, and was admitted in a hospital. In the hospital, the family members of A1 visited her, and requested her not to prefer any complaint. Hence, no complaint was preferred by PW1 regarding these incidences.

● Thereafter, on 10.11.2017, at about 02.00 p.m, PW1 accompanied by her parents PW3 and PW4 and her sister P.W2, again went to the house of A1. All the three accused were there and they again abused PW1 and poured kerosene on PW1, attempted to strangulate PW1. While this was happening, PW5, the aunt of P.W.1 intervened and immediately A1 and A2 assaulted her too, owing to which, she suffered some injuries in her right hand. They also abused her in a filthy language. The accused persons demanded 50 sovereigns of gold jewelery and 2 wheeler worth Rs.1.5 lakhs to get her married to A1.

● P.W.1 would now file Ext.P-1 complaint. On

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