Crl A No.352 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

Crl A No.352 of 2016

Rajasekaran

..Appellant / 1st Accused

Vs.

State by Inspector of Police

All Women Police Station,

Villupuram,

Crime No.58 of 2011

..Respondent /

Complainant

Prayer: Criminal Appeal is filed under Section 374 of Cr.PC to set

aside the conviction and sentence imposed on the appellant by the

learned Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila

Court), Villupuram in S.C.No.60 of 2012 dated 26.04.2016.

For Petitioner

: Mr.C.Munusamy

For Respondent : Mr.L.Baskaran

Government Advocate

[Criminal Side]

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Crl A No.352 of 2016

O R D E R

When this Criminal Appeal came up for hearing on

24.01.2023, this Court passed the following order :-

This Criminal Appeal has been preferred challenging

the judgement of the learned Sessions Judge, Fast Track

Mahila Court, Villupuram dated 26.04.2016 made in

SC.No.60 of 2012.

2. The appellant is the first accused against

whom the prosecutrix/PW1 has given a complaint on

the allegation that the first accused gave a love proposal

to her and that was refused by the prosecutrix/PW1; due

to the continuous pressure given by the appellant, she

accepted his love proposal; on 20.08.2009 when she

was alone at her home, the first accused came there and

had sexual intercourse with her by promising to marry

her; he was in the habit of repeating the same on

several occasions, due to which prosecutrix/PW1 got

pregnant; thereafter, the prosecutrix/PW1 persuaded the

first accused to marry her, but he refused; when the

matter was revealed to her parents, they also

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Crl A No.352 of 2016

approached the first accused, but he refused to marry

the prosecutrix/PW1;

on 14.06.2011 the

prosecutrix/PW1 gave birth to a male baby; on

30.06.2011 at about 3.00 p.m, when PW1 along with

her parents went to the house of the first accused, the

parents of the first accused abused the prosecutrix/PW1

and demanded Rs.50,000/-, 10 sovereigns gold jewels

and Hero Honda Motorcycle for marrying her; hence,

PW1 gave a complaint (Ex.P1) against them.

2.1. On the said complaint, a case was registered

in Crime No.58 of 2011 for the offences under Sections

417, 376, 294(b) IPC read with Section 4 of DP Act by

All Women Police Station, Villupuram. After

completing the investigation, charge sheet has been

filed against the Accused 1 to 3 for the offence under

Sections 417, 376, 294(b) IPC read with Section 4 of

DP Act.

2.2. After the case was taken on file, the accused

were summoned and copies of the charge sheet were

furnished to them. On perusal of the records and

considering the same, the charges have been framed

against the first accused for the offences under Sections

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Crl A No.352 of 2016

417, 376 IPC and Section 4 of DP Act. As against the

accused 2 & 3, charges have been framed for the

offence under Sections 294(b) IPC and Section 4 of DP

Act.

2.3. During the course of the trial, on the side of

the prosecution, 9 witnesses have been examined as

PW1 to PW9 and Exs.P1to P9 were marked. On the

side of the defence, no oral or documentary evidence

was let in. At the conclusion of the trial and

considering the materials available on record, the

learned Sessions Judge had convicted the accused and

imposed the punishment as under:-

Rank of the

accused

Offence

Punishment imposed

A1

Section 417 IPC

To undergo One year

Rigorous Imprisonment and

to pay a fine of Rs.50,000/-

in default to undergo Six

months

Rigorous

Imprisonment

Section 376 IPC

Not found guilty

Section 4 of

D.P.Act

Not found guilty

A2

Section 294(b) IPC

& Section 4 of

D.P.Act

Not found guilty

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Crl A No.352 of 2016

A3

Sectio