IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 25.11.2025 PRONOUNCED ON : 07.01.2026

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

Crl.R.C.No.1598 of 2022

Tamilarasan ... Petitioner

Vs.

The State rep. by

The Sub-Inspector of Police, Reddichavadi Police Station,

Cuddalore District.

Crime No.154 of 2020 ... Respondent

PRAYER: Criminal Revision Petition filed under Section 397 r/w. 401 Cr.P.C. to call for the connected records in C.A.No.18 of 2021 order dated 29.08.2022 on the file of Principal District Sessions Judge, Cuddalore confirming the conviction and sentence imposed in C.C.No.145 of 2020 dated 24.03.2021 on the file of the Judicial Magistrate, Additional Mahila Court, Cuddalore for an offence under Section 4 of Tamil Nadu Prohibition of Women Harassment Act and sentenced to two years rigorous imprisonment and fine of Rs.10,000/- (fine paid) and one year rigorous imprisonment under Section 506(ii) IPC and both sentence to run concurrently and set aside the conviction and sentence imposed against the

petitioner and set him at liberty.

For Petitioner : Mr.R.Sankarasubbu For Respondent : Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor For Defacto Complainant : Ms.J.Selva Princy Ebenezer ORDER The petitioner/accused was convicted by the learned Judicial Magistrate, Additional Mahila Court, Cuddalore by judgment passed in C.C.No.145 of 2020 dated 24.03.2021and sentenced him to undergo two years simple imprisonment and to pay a fine of Rs.,10,000/-, in default, to undergo six months simple imprisonment for the offence under Section 4 of the Tamil Nadu Prohibition of Women Harassment Act and to undergo one year simple imprisonment for the offence under Section 294(b) IPC. Aggrieved against the same, the petitioner preferred an appeal in C.A.No.18 of 2021. The learned Principal District and Sessions Judge, Cuddalore by judgment dated 29.08.2022 dismissed the appeal, confirming the judgment of the Trial Court. Against which, the present revision petition filed.

2.The gist of the case is that on 23.06.2020 PW1/defacto complainant lodged a complaint/Ex.P1 against the petitioner stating that on 19.06.2020 at about 11.30 p.m., when PW1 and her father/PW4 were sleeping in front of their hourse in open, the petitioner came there, lifted the skirt and saree of the defacto complainant and called her out with bad intention. The defacto complainant woke up and shouted at the petitioner. Immediately, he shut the mouth of the defacto complainant, threatened her that she would be done away if she disclosed it to anyone. On receipt of complaint, PW9/Special Sub-Inspector of Police registered FIR/Ex.P4 in Crime No.154 of 2020 and placed it before PW10/Sub-Inspector of Police. Thereafter, PW10 visited the scene of occurrence, prepared observation mahazar/Ex.P2 and rough sketch/Ex.P5 in presence of witnesses PW7 and PW8. On completion of investigation, charge sheet filed. During trial, PW1 to PW10 examined and Ex.P1 to Ex.P5 marked on the side of the prosecution. On the side of the defence, no witness examined and no documents marked. On conclusion of trial, the Trial Court convicted the petitioner and sentenced him as stated above. Aggrieved against the same, the petitioner preferred an appeal. The Lower Appellate Court dismissed the appeal, confirming the judgment of the Trial Court.

3.The contention of the learned counsel for the petitioner is that the petitioner and his neighbour, the defacto complainant/PW1 were having long dispute between them for more than three decades and they were not in talking terms. On 20.06.2020, the defacto complainant's son attacked the petitioner's mother and damaged their house, the petitioner's mother lodged a complaint against him and a case in Crime No.191 of 2020 is pending. Earlier, there was an election dispute between one Alagasen, uncle of the petitioner and Murugaiyan, brother of the defacto complainant and this dispute is still continuing. The petitioner's brother Elamputhiir was attacked by the d