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2023 Supreme(Online)(Mad) 72455
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice RMT. TEEKAA RAMAN
GOVINDHAN M/AGE 52 – Appellant
Versus
STATE BY – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS Date of Reserving Order Date of Pronouncing Order
23.06.2023 04.07.2023 CORAM THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN Crl.A.No.466 of 2018
1.Govindhan, M/age 52 Son of Jaganathan
2.Rajarathinam, M/56 Son of Jaganathan
3.Jayaraman, M/40 Son of Jaganathan 4.Kanagaraj, M/28 Son of Govindhan All are residing at C.N.Palayam Valapadi Taluk Salem District. ... Appellants Vs.
State by:
Inspector of Police, Valappady Police Station, Salem District (Crime No.407 of 2015) ... Respondent Prayer: Appeal filed under Section 374 (2) Criminal Proceedure Code against the Judgment passed by the Sessions Judge, Mahila Court, Salem in S.C.No.309 of 2015 dated 23.07.2018.
For Appellants : Mr.B.Vasudevan For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)
J U D G M E N T The Appeal has been filed against the Judgment passed by the learned Sessions Judge, Mahila Court, Salem in S.C.No.309 of 2015 dated 23.07.2018.
2.The convicted Accused A-1 to A-4 are the Appellants herein. The Respondent police filed charge in Cr.No.407/2015 and the same was taken on file as TRC.No.22 of 2015, subsequently, renumbered as S.C.No.309 of 2015 and made over to Mahila Court, Salem. After trial, the Accused were convicted and sentenced as under:
Accused Rank
Charge convicted
Imprisonment Details
A-1, A-3 & A-4 U/s.376 IPC
Sentenced to undergo rigorous imprisonment for 7 years each and to pay a fine of Rs.25,000/- each i/d to undergo 6 months S.I.
A-1 to A-4
U/s.352 IPC
Sentenced to undergo simple imprisonment for 3 months each and to pay a fine of Rs.500/- i/d 2 weeks S.I.
A-1 to A-4
Section 4 of Women Harassment Act
Sentenced to undergo rigorous imprisonment for 3 years each and to pay a fine of Rs.10,000/- each, i/d to undergo 3 months S.I.
Accused Rank
Charge convicted
Imprisonment Details
A-2
U/s.376 r/w.511 IPC
Sentenced to undergo rigorous imprisonment for 5 years each and to pay a fine of Rs.10,000/- each i/d to undergo 6 months S.I.
A-4
U/s.506(ii) IPC
Sentenced to undergo rigorous imprisonment for 7 years each and to pay a fine of Rs.10,000/- each i/d to undergo 6 months S.I.
3.PW1 is the Defacto Complainant and PW2/Vasudevan is her son. The criminal law was set in motion by filing of Ex.P.1/complaint dated 20.05.2015 alleging, commission of offence u/s.372 & 352 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and u/s.506 (ii) IPC.
4.Based on the complaint of PW1, a case was registered in Valappady Police Station in Cr.No.407 of 2015 u/s.376, 323, 506 (ii) IPC and Section 4 of TNWH Act on 20.05.2015 at 19.00 hrs by the Special Sub Inspector of Police and the then Inspector of Police conducted the investigation. During the course of investigation, he examined the witnesses including PW1 and recorded their statement, arrested A-1 and A-3 on 20.05.2015 and remanded them into judicial custody. Later sent the Accused for medical examination and obtained medical report and also sent PW1 for medical examination and obtained the report. After completion of elaborate and detailed investigation, the then Investigating Officer filed charge sheet against the Accused before the learned Sessions Judge, Mahila Court, Salem and assigned S.C.No.309 of 2015 on 23.07.2015. To prove the case of the prosecution, 16 witnesses were examined and 31 exhibits were marked and one material object was marked. On the defence side, no witness was examined and no exhibit was marked and no material object was marked.
5.Based upon the oral and documentary evidences, the learned Sessions Judge, Mahila Court, Salem, came to the conclusion that the charges are proved against all the accused and laid down conviction and sentences as stated supra.
Hence the Appeal.
6.Pending Appeal, by order dated 12.09.2018 in Crl.MP.No.10367 of
2018, all the Accused were released on bail.
7.When the matter was listed before th
