##PAGE1##

CRL A No. 1436 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30-01-2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN

CRL A No. 1436 of 2024

Arasumani ..Appellant/A2

Vs

1. State by,

Deputy Superintendent of Police,

Villupuram Sub Division, Villupuram.

2. State by

Sub Inspector of Police,

Periathachur Police Station,

Villupuram. … Respondents 1 & 2 / Complainant

3. Divyabharathi ..3rd Respondent/Defacto Complainant

Prayer: Criminal Appeal filed under Section 14-A(2) of Scheduled Castes

and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015,

to set aside the judgment of conviction and sentence imposed upon by the

appellant dated 29.10.2024 by the learned Sessions Judge, Special Court

for Trial of Cases under the SC/ST (POA) Act, Villupuram, in Spl.SC.79

of 2023 and allow the appeal.

For Appellant: Mr.A.Nagarajan

For Respondents: Mr.S.Rajakumar (for R1 & R2)

Additional Public Prosecutor

Mr.K.Sathyaraj (for R3)

__________

Page1 of 7

https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/02/2026 12:52:17 pm )

CRL A No. 1436 of 2024

Judgment

This Criminal Appeal has been filed by the second accused,

challenging the judgment dated 29.10.2024 in Spl.SC.No.79 of 2023 on

the file of the learned Sessions Judge, Special Court for Trial of Cases

under the SC/ST (POA) Act, Villupuram, by which he was convicted for

the offence under Sections 294(b) and 352 of the IPC, Section 4 of

Tamilnadu Prohibition of Harassment of Women Act [in short, ‘TNPHW

Act’] and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, [in short ‘SC/ST (POA)

Act’] and sentenced as follows:

Offence under Section Sentence imposed

294(b) IPC To undergo SI for three months.

352 IPC To undergo SI for three months.

4 TNPHW Act To undergo RI for three years and to pay a fine of

Rs.10,000/- in default to undergo RI for six months.

3(1)(r) SC/ST (POA) Act To undergo RI for three years and to pay a fine of

Rs.2,50,000/- in default to undergo RI for six months.

3(1)(s) SC/ST (POA) Act To undergo RI for three years and to pay a fine of

Rs.2,50,000/- in default to undergo RI for six months.

The sentences were ordered to run concurrently.

2. (i) The case of the prosecution is that the appellant arrayed as

second accused before the trial Court is the father of the first accused;

__________

Page2 of 7

https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/02/2026 12:52:17 pm )

CRL A No. 1436 of 2024

that the first accused is the husband of the defacto complainant/3rd

respondent; that there were matrimonial differences between the two of

them; that on 15.02.2022 at about 8.00 a.m., the defacto complainant

along with her relatives had come to the house of the first accused to

attempt a reconciliation between the two of them; that at that time, the

first accused had abused the defacto complainant using her caste name;

that the appellant/second accused had also humiliated the defacto

complainant and had assaulted the defacto complainant; that third and

fourth accused pushed the other witnesses, besides humiliating them on

account of their caste; and that on the complaint given by the defacto

complainant, a case was registered and on investigation, a final report

was filed against four accused.

(ii). The prosecution examined 11 witnesses on its side and marked

10 documents. The accused neither examined any witness nor marked

any document.

(iii) The trial Court acquitted the first, third and fourth accused of

all offences. The second accused/appellant was found guilty of the

__________

Page3 of 7

https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/02/2026 12:52:17 pm )

CRL A No. 1436 of 2024

aforesaid offences and hence, the trial Court convicted and sentenced him

as stated in paragraph No.1 of the judgment.

3. Pending appeal, it appears that the parties have entered into a

compromise. Admittedly, the defacto complainant is the daughter-in-law

of the appellant. She has filed an affidavit dated 27.01.2026 stating that

the parties have since decided to resolve the