Crl.A.No.91 of 2012

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

21.11.2022

Pronounced on

06.12.2022

CORAM

THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN

Crl.A.No.91 of 2012

Peter @ Peter Arokiasamy

... Appellant

-Vs.-

State represented by

The Inspector of Police,

R-7, K.K.Nagar Police Station,

(Crime No.2265 of 2007)

.. Respondent

Criminal Appeal has been filed under Section 374(2) of Cr.P.C., to

set aside the judgment and order in Sessions Case No.79 of 2008 dated

03.12.2011 on the file of the Magalir Neethimandram, Chennai 600 104.

For Appellant

:Mrs.S.Sridevi

For Respondent

:Mr.R.Kishore Kumar

Government Advocate (Criminal side)

1/17

https://www.mhc.tn.gov.in/judis

Crl.A.No.91 of 2012

JUDGMENT

This Criminal Appeal has been filed to set aside the judgement and

order in Sessions Case No.79 of 2008 dated 03.12.2011 on the file of the

Magalir Neethimandram, Chennai 600 104.

2. At the time of occurrence, the appellant herein was about 25

years and the victim girl was minor around 17 years old, pursuing her XII

standard. The accused is the husband of the victim's cousin sister. The

trial Court found the accused guilty of kidnapping the minor girl, rape

and criminal intimidation and hence sentenced him as below:

(i) for the offences under Section 366A IPC, to

undergo 5 years rigorous imprisonment and a fine of

Rs.10,000/-, in default to undergo three months simple

imprisonment.

(ii) for the offences under Section 376(1) IPC, to

undergo 7 years rigorous imprisonment and a fine of

Rs.10,000/-, in default to undergo three months simple

imprisonment.

2/17

https://www.mhc.tn.gov.in/judis

Crl.A.No.91 of 2012

(iii) for the offence under Section 506(ii) of IPC, to

undergo one year rigorous imprisonment and a fine of

Rs.5,000/-, in default to undergo one month simple

imprisonment.

Being aggrieved by the said conviction and the sentence of the trial

Court, this Criminal Appeal has been filed by the accused.

3. The gist of the prosecution is:

3.1. The complainant is the maternal aunty of the victim girl. The

accused is the son-in-law of the complainant. According to the complaint,

the accused married her daughter/Saritha in the year 2006. Since her

daughter Saritha was not well, she was staying with the complainant. The

victim girl is the complainant's deceased sister's daughter. Since the death

of their mother, the victim girl and her sister were living with the

complainant.

3.2. The accused, taking advantage of his wife staying at her

mother's home along with her cousin sisters, approached the victim girl,

who is aged 17 years old studying XII Standard on 15.08.2007, on her

3/17

https://www.mhc.tn.gov.in/judis

Crl.A.No.91 of 2012

way to the school to celebrate the Independence Day. He restrained her

near the Sivan Park, Roundtana and took her in his two wheeler under

the pretext of dropping her in the school. Instead he took her to a lodge at

Vallakottai, booked a room in the name of David and had sexual

intercourse with the victim minor girl in that room. Then, brought her

back to K.K. Nagar Roundtana and dropped her. Again on 07.09.2007,

the accused forcibly took the victim in his two wheeler to Vandalur Zoo

and threatened her if she disclose the incident happened on 15.08.2007 to

anyone, he will kidnap her to Bombay and sell her. The accused then

dropped her at Roundtana at about 04:30 p.m. On that day, the victim girl

came late to home and when the complainant enquired her why she is

late, the victim girl started weeping and disclosed what happened to her

on 15.08.2007 and 07.09.2007. Hence the complaint.

3.3. The complaint dated 10.07.2007 was taken for investigation in

Crime No.2265 of 2007 by the respondent police. The statement of the

victim girl, de facto complainant and her daughter, who is the wife of the

accused were recorded by the learned Magsitrate under Section 164

CrPC. The school transfer certifi