Advocates:
['M/S G MOHAN', '', 'B DIVYA BHARATHI', 'K J SHIVA ARUDHRA', 'PUBLIC PROSECUTOR']

Crl.A.No. 521 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2022

Coram

THE HON'BLE MR. JUSTICE P.VELMURUGAN

Crl.A.No. 521 of 2022

P.Prasanna Saravanan

..Appellant

-Vs-

State rep. By

The Inspector of Police,

All Women Police Station,

Panruti,

Cuddalore District

..Respondent

(Crime No. 03/ 2017)

PRAYER : Criminal Appeal filed under Section 374(2) Cr.P.C., praying to

set aside the conviction and sentence imposed in judgment dated 30.11.2021

made in S.C.No. 300/2017 by the learned Sessions Judge, Mahila Court,

Cuddalore.

For Appellant

: Mr.G.Mohan

For Respondent : Mr.R.Murthi, GA (Crl.Side)

O R D E R

This Criminal Appeal is filed challenging the conviction and sentence

imposed in judgment dated 30.11.2021 made in S.C.No. 300/2017 by the

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Crl.A.No. 521 of 2022

learned Sessions Judge, Mahila Court, Cuddalore.

2. The respondent police registered a case against the appellant and

two others in Crime No.3/2017 for offences under Section 417, 376

and 294(b) IPC and also under Section 4 of Dowry Prohibition Act.

After

completing investigation, laid charge sheet before the Judicial Magistrate-I,

Panruti. The learned Judicial Magistrate taken charge sheet on file in PRC.

No. 15/2017 and completed final proceedings under Section 207 and

committed the case to the Principal District and Sessions Court, since the

some of the offences exclusively triable by Court of Session. The learned

Principal District and Sessions Judge taken on file in Spl.CC.No. 300 of

2017 and made over the case to Mahila Court, since the offences charged

are against women. The learned Mahila Judge, after completing the

formalities, framed charges against the accused under Sections 376, 417 and

294(b) IPC and found A1 guilty of the offences under Sections 376 and 417

IPC and A2 & A3 are found guilty of the offence under Section 4 of Dowry

Prohibition Act and not found guilty of the offence under Section 294(b)

IPC.

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Crl.A.No. 521 of 2022

3. In order to substantiate the charges framed against the appellant

and 2 others, on the side of the prosecution 10 witnesses were examined as

PW1 to PW10 and 9 documents as Exhibits P1 to P9 were marked and no

material objects were exhibited.

4. After examining the prosecution witnesses, the incriminating

circumstances culled out from the evidence of the prosecution witnesses

were put before the accused/ appellant and questioned under Section 313 of

Cr.P.C and he denied all the incriminating circumstances as false and

pleaded not guilty

5. On conclusion of trial, hearing of arguments advanced by the

learned counsel on either side and based on the entire materials, the trial

Court found the appellant/A1 guilty for the offences under Section 376(1)

IPC and sentenced to undergo rigorous imprisonment for a period of 10

years and to pay fine of Rs.1,00,000/- and in default, to undergo simple

imprisonment for a period of 2 years. The appellant was also convicted for

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Crl.A.No. 521 of 2022

the offence under Section 417 IPC and sentensed to undergo rigorous

imprisonment for a period of one year and to pay fine of Rs.50,000/- and in

defaut, he shall undergo simple imprisonment for a period of three months.

However, other accused A2 & A3 were found guilty of the offence under

Section 4 of the Dowry Prohibition Act and sentensed to undergo simple

imprisonment for a period of one year and to pay fine of Rs.10,000/- and in

default, each of them shall undergo simple imprisonemnt for a period of

three months and acquitted from the charges framed under Section 294(b)

IPC.

6. Aggrieved over the same, the A1 has filed the present appeal before

this Court.

7. The learned counsel for the appellant would submit that the

victim/defacto complainant is a major. The victim and the appellan