Advocates:
['M/S B BALAVIJAYAN', '', 'N U PRESSANNA', 'PUBLIC PROSECUTOR', '', 'ADDITIONAL TYPE SET FILED']

BAIL SLIP

The Petitioners/Accused viz., 1.Anbazhagan, S/o. Kuppusamy,

2.Rajeshwari, W/o.Anbazhagan was released on bail as per Order

of this Court dated 25.11.2021 in Crl.M.P.No.11949 of 2021 in

CRL.A.No.574 of 2021 on the file of this Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2022

CORAM : JUSTICE N.SESHASAYEE

CRL.A.NO.542 & 574 OF 2021

AND

CRL.M.P.NO.11602 OF 2021

1. Prabu

... Appellant in Crl.A.No.542 of 2021

2. Anbazhagan

... 1^st Appellant in Crl.A.No.574 of 2021

3. Rajeshwari

... 2^nd Appellant in Crl.A.No.574 of 2021

Vs.

The State rep.

The Inspector of Police,

All Women Police Station,

Virudhachalam,

Cuddalore District

(Crime No.24 of 2017)

... Respondent in Crl.A.Nos.542 & 574/2021

COMMON PRAYER: Criminal Appeals filed under Sections 374(2) and

378 of Criminal Procedure Code,to set aside the conviction and

sentence of the appellants by the judgment dated 23.07.2021 in

Sessions Case No.176 of 2019, on the file of the Court of

Sessions Judge, Mahila Court, Cuddalore and acquit the

appellants.

For Appellant /Appellants : Mr.T.Saikrishnan

(in both cases)

for Mr.B.Balavijayan

For Respondent

: Mr.Leonard Arul Joseph Selvam

Government Advocate (Crl.side)

https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER

These Criminal Appeals have been filed by all the three

accused persons in S.C.No.176 of 2019 on the file of Mahila

Court, Cuddalore.

2. Crl.A.No.542 of 2021 was filed by A1, whereas

Crl.A.No.574 of 2021 was filed by A2 and A3. They were convicted

and sentenced by the Sessions Court vide its judgment dated

04.12.2019 and the details are as follows:

Accused

Provision

under

which

convicted

Sentence

A1

Section

376(1) IPC

Ten years rigorous imprisonment and

also to pay a fine of Rs.30000/- in

default to undergo simple imprisonment

for a period of two(2) years

Section

312 IPC

Two years rigorous imprisonment and

also to pay a fine of Rs.10000/- in

default to undergo simple imprisonment

for a period of six(6) months

Section

417 IPC

One year rigorous imprisonment and

also to pay a fine of Rs.10000/- in

default to undergo simple imprisonment

for a period of three(3) months

A2 and A3

Section

294(b) IPC

Three years simple imprisonment and

also to pay a fine of Rs.5000/- in

default to undergo simple imprisonment

for a period of three(3) weeks each

A1 to A3

Section

506(i) IPC

Two years rigorous imprisonment and

also to pay a fine of Rs.5000/- in

default to undergo simple imprisonment

for a period of six(6) months each

A2 and A3

Section

506(i) IPC

Two years Simple imprisonment and also

to pay a fine of Rs.5000/- in default

to undergo simple imprisonment for a

period of six(6) months each

Total fine Rs.75,000/-(A1-Rs.55,000,

A2-Rs.10,000/- and A3 Rs.10,000/-)

https://hcservices.ecourts.gov.in/hcservices/

Accused

Provision

under

which

convicted

Sentence

Out of the fine amount Rs.55,000/-,

payment of which has been ordered to

be made by A1, as part of the

sentence, a sum of Rs.30,000/- (Rupees

thirty thousand only) is ordered to be

paid to P.W.1, the victim in the case,

under Section 357(1)(b) Cr.P.C.

3. The case of the prosecution can be summarised:

●

On 12.11.2017, PW1, a woman aged around 28 - 29 years, had

preferred a complaint to the respondent police, wherein she

has alleged that she and A1 were loving for about 5 years

prior to the date of the complaint, that during the said

period A1 would regularly visit her house, and that he had

intercourse with her on a promise that he would marry her.

Some three years prior to the date of the complaint, PW1

had conceived, and that A-1 had got her some medicine

consuming which she aborted and thus A1 had forced a

miscarriage on P.W.1.

●

Even thereafter, A1 continued to have sexual intercourse

with her. While so, A1 got a permanent job as a night-

watchman in the District Judiciary. Thereafter, he chose t