Panneerselvam vs State By Inspector Of Police
2022 Latest Caselaw 11337 Mad

                                                                                    Crl.A.No.229 of 2008




                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 28.06.2022

                                                         CORAM

                                    THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN

                                                   Crl.A.No.229 of 2008

                     Panneerselvam.                                                 ... Petitioner
                                                             -Vs.-

                     State by Inspector of Police,
                     Pudupet Police Station,
                     Cuddalore District,
                     Crime No.85 of 2006.                                           .. Respondent

                                  Criminal Appeal filed under Section 374(2) of Code of Criminal
                     Procedure to set aside the Judgment made in S.C.No.32 of 2007 dated
                     29.01.2008 on the file of the learned Principal Sessions Judge,
                     Cuddalore.
                                       For Appellant     :       Mr.V.Janardhanan

                                       For Respondent    :       Mr.S.Udaya Kumar,
                                                                 Government Advocate

                                                       JUDGMENT

This appeal has been filed by the accused against the order of

conviction by the trial Court for the offences under Section 417 IPC and

https://www.mhc.tn.gov.in/judis Crl.A.No.229 of 2008

376 of IPC and Sections 3(1)(x) and 3(1)(xii) of the Schedule Caste and

Schedule Tribe (Prevention of Atrocities) Act, 1989 and Section 4 of

Tamil Nadu Prohibition of Harassment of Women Act, 1998.

2. The appellant was convicted by the trial Court on 29.01.2008.

Aggrieved by that, this appeal was filed on 27.03.2008. The sentence was

suspended by this Court by an order dated 11.06.2008. Thereafter, the

appellant has been married to the de facto complainant on 08.12.2008

and the same was registered at Cuddalore Registrar office in

HMR/CUDDALORE JOINT I/1254/2008. The appellant lived with de

facto complainant/PW1 happily. Recently the de facto complainant died

and the death certificate, which was produced by the public prosecutor

indicates that on 14.02.2021 the de facto complainant died.

3. From the material placed, it is clear that though the appellant

was convicted for the offence under Sections 417 IPC and 376 of IPC

and Sections 3(1)(x) and 3(1)(xii) of the Schedule Caste and Schedule

Tribe (Prevention of Atrocities) Act, 1989 and Section 4 of Tamil Nadu

https://www.mhc.tn.gov.in/judis Crl.A.No.229 of 2008

Prohibition of Harassment of Women Act, 1998, the subsequent conduct

of the petitioner reveals that he was married to the de facto complainant,

who had been victim of the crime and he lived with her for more than 14

years till her death.

4. In view of the above fact, this Court records that though, trial

Court based on the evidence has convicted the appellant for the alleged

offence, the real conduct of the appellant clearly indicates that there was

no intention of cheating or rape or harassment and hence the appeal is

allowed and the appellant is acquitted from all the charges.

5. In the light of the above discussion, this Criminal Appeal is

allowed.

28.06.2022

Speaking/Non-speaking order Index: Yes/No Internet : Yes/No nsa

https://www.mhc.tn.gov.in/judis Crl.A.No.229 of 2008

Dr.G.JAYACHANDRAN.J.,

nsa

To

1. The Principal Sessions Judge, Cuddalore.

2. The Inspector of Police, Pudupet Police Station, Cuddalore District.

Crl.A.No.229 of 2008

28.06.2022

https://www.mhc.tn.gov.in/judis