BAIL SLIP

The Appellant/Accused,namely Muthukrishnan was directed to

be released on bail as per order dated 18.10.2019 in CRL

MP.NO.14828/19 IN CRL A.NO.712/2019 on the file of this

Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2021

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

Crl.A.No.712 of 2019

Muthukrishnan

... Appellant/2^nd Accused

-Vs-

The State of Tamil Nadu,

Rep. by Deputy Superintendent of Police,

Gingee Sub Division,

Ananthapuram Police Station, Cr.No.195 of 2016,

Villupuram District.

... Respondent/Complainant

PRAYER: Criminal Appeal filed under Section 374(2) of Code of

Criminal Procedure, to call for the records relating to the

proceedings in Special S.C.No.27 of 2017 on the file of the

learned Sessions Judge, Special Court for Exclusive Trial of

Cases Registered under the Schedule Caste and Schedule Tribe

Prevention of Atrocities Act 1989 Villupuram and set aside the

order of conviction dated 03.10.2019 and set the appellant at

liberty.

For Appellant

:

Mr.M.Devaraj

For Respondent :

Ms.T.P.Savitha,

Government Advocate [Crl. Side]

*****

JUDGMENT

This Criminal Appeal has been filed against the

conviction and sentence imposed by the learned Sessions Judge,

Special Sessions Court for exclusive trial of cases under the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989, Villupuram in Special S.C.No.27 of

2017, dated 03.10.2019.

2.The respondent Police have registered a case in Crime

No.195 of 2016, for offence under Sections 147, 294(b), 352

and Section 3(1)(r), 3(1)(s) of the Scheduled Castes and

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

Scheduled Tribes (Prevention of Atrocities) Act, 1989 and

Section 4 of the Tamil Nadu Prohibition of Harassment of Woman

Act, 1998 against the appellant/A2 and A1 on the complaint

(Ex.P1) given by the defacto complainant (PW1).

After

completing investigation, the respondent police laid a charge

sheet before the learned Sessions Judge, Special Sessions

Court for exclusive trial of cases under the Scheduled Castes

and Scheduled Tribes (Prevention of Atrocities) Act, 1989,

Villupuram and the same was taken on file as Special S.C.No.27

of 2017.

3.After completing the formalities under Section 207

Cr.P.C., since there was a prima facie material to frame

charges against the appellant/A2, the learned Sessions Judge,

farmed charges under Sections 352, 506(i) IPC and Section 3(1)

(r) & 3(1)(s) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 and Section 4 of the

Tamil Nadu Prohibition of Harassment of Woman Act, 1998.

4.After completing the trial and hearing of the arguments

advanced on either side and also considering the oral and

documentary evidence, the trial Judge found the appellant/A2

guilty for offence punishable under Section 352 IPC and

imposed a fine of Rs.500/-, in default to undergo one month

Simple Imprisonment and for offence under Section 4 of Tamil

Nadu Prohibition of Harassment of Woman Act, 1998, the

appellant was convicted and sentenced to undergo two years

Rigorous Imprisonment and to pay a fine of Rs.10,000/-, in

default to undergo six months Simple Imprisonment. The

appellant was acquitted for the offence under Sections 3(1)(r)

& 3(1)(s) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 and A1 was acquitted for

the offence under Sections 3(1)(r) & 3(1)(s) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989 and 506(i) IPC.

5.Challenging the above said Judgment of conviction and

sentence, the appellant/A2 has filed the present appeal before

this Court.

6.The learned counsel appearing for the appellant/A2

would submit that the ingredients of the offence under Section

352 IPC and Section 4 of Tamil Nadu Prohibition of Harassment

of Woman Act, 1998 are not a