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S.Sivagnanam vs The State Represented By
2023 Latest Caselaw 9326 Mad

Citation : 2023 Latest Caselaw 9326 Mad
Judgement Date : 1 August, 2023

Madras High Court
S.Sivagnanam vs The State Represented By on 1 August, 2023
                                                                            Crl. Appeal No. 688 of 2016

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                 Dated : 01.08.2023
                                                         Coram
                     THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
                                             Crl. Appeal No. 688 of 2016



                  S.Sivagnanam                             .. Appellant/Sole Appellant/Accused


                                                          Vs.

                  The State represented by
                  The Inspector of Police,
                  Thazhambur Police Station,
                  Kancheepuram District.
                  (Crime No.11 of 2002)                    .. Respondent/Complainant
                            Criminal Appeal filed under Section 374 Cr.P.C to set aside the
                  conviction and sentence imposed on the Appellant/Sole Appellant/Accused
                  in S.C.No.134 of 2005 on the file of the learned Principal Sessions Judge of
                  Kancheepuram District at Chengalpattu, dated 02.09.2016.
                            For Appellant           ..     Mr.V.Krishnamoorthy
                                                           and Mr.K.Ethirajalu
                                                           Legal Aid Counsel

                            For Respondent          ..     Mrs.G.V.Kashthuri
                                                           Additional Public Prosecutor


                  1/26




https://www.mhc.tn.gov.in/judis
                                                                            Crl. Appeal No. 688 of 2016

                                                    JUDGMENT

The Appellant/Accused has preferred this Criminal Appeal as against

the judgment of conviction and sentence imposed on him in S.C.No.134 of

2005 on the file of the learned Principal Sessions Judge of Kancheepuram

District at Chengalpattu, dated 02.09.2016.

2.The brief facts which are necessary to decide this Appeal are as

follows:

2.1.The victim/Complainant belongs to Hindu Adi Dravidar

community. The Appellant/Accused belongs to Hindu Yadava community.

Four months prior to 06.01.2002, the Appellant/Accused fell in love with the

Victim/Complainant aged about 19 years and also had sexual intercourse

with her by saying “vdf;F 12 yl;r Ugha; brhj;J cs;sJ/ vd;id jpUkzk;

bra;jhy; uhzp khjpup thHyhk;/ ehd;jhd; cd;id fy;ahzk; bra;J bfhs;s

nghfpnwnd eP gag;glhnj/” Believing the words the victim had sexual

intercourse and become pregnant. Later, the Appellant/Accused refused to

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

marry her stating that she is Scheduled caste. Hence the Deputy

Superintendent of Police, Mamallapuram has filed charge sheet U/s 376, 417

IPC r/w 3(1) (xii) of Scheduled Caste/Scheduled Tribe (Prevention of

Atrocities) Act. The learned Judicial Magistrate No. I, Chengalpattu took up

the charge sheet on his file as P. R. C No. 34/2002. After furnishing the

copies of records relied on by the Prosecution to the Appellant/Accused as

per the provisions of Sec. 207 of Cr. P.C., the learned Judicial Magistrate

No. I, Chengalpattu has committed the case to the Court of the learned

Principal Sessions Judge, Kancheepuram at Chengalpattu u/s. 209 of

Cr.P.C., since the offence U/s. 376, 417 IPC r/w 3(1) (xii) of Scheduled

Caste/Scheduled Tribe (Prevention of Atrocities) Act is exclusively triable by

the Court of Sessions. The Court of learned Principal Sessions Judge,

Kancheepuram at Chengalpattu took up the case as S.C.No.134/2005. After

perusing the records and hearing the arguments of both sides, since prima

facie case was made out against the Appellant/Accused, the trial Judge had

framed charges U/s 376, 417 IPC r/w 3(1) (xii) of Scheduled

Caste/Scheduled Tribe (Prevention of Atrocities) Act against the

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

Appellant/Accused.

2.2. To prove the guilt of the Appellant/Accused, the prosecution has

examined 12 witnesses as P.W-1 to P.W-12 and marked Exhibits P-1 to P-

13. No Material Object has been marked. No witness was examined and no

exhibits have been marked.

2.3.On considering the rival submission of both sides and on persual

of the evidence and documents, the learned Principal Sessions Judge had

found the Accused guilty for an offence punishable under Section 417 of

IPC and the Appellant/Accused was Convicted and sentenced to undergo

one year Rigorous Imprisonment for an offence U/s.417 I.P.C. He also

directed to pay an amount of Rs.3,00,000/ towards compensation U/s 357(3)

Cr.P.C. The period of already undergone is ordered to be set off U/s 428

Cr.P.C. The Appellant/Accused found not guilty for an offences U/s.376 IPC

and 3(1) (xii) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities)

Act and acquitted from the said charges. The amount of compensation of

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

Rs.3,00,000/- shall be paid to the victim.

Aggrieved by the judgment of conviction and sentence imposed on the

Accused, this Criminal Appeal had been filed.

3.The learned Counsel for the Appellant submitted that the judgment

of the learned Principal Sessions Judge, Kancheepuram District at

Chengalpattu, in S.C.No.134 of 2005 is perverse as the offence under

Section 417 of Indian Penal Code is not at all attracted as per the ingredients

of Section 415 of IPC. The learned Counsel for the Appellant invited the

attention of this Court to the charges framed against the Appellant/Accused

at the commencement of the trial under Sections 376, 417 of IPC read with

3(1) (xii) of Scheduled Caste/Schedule Tribe (Prevention of Atrocities) Act.

4.After completion of the trial and on appreciation of the evidence, the

learned Judge had acquitted the Appellant/Accused under Section 376 of

IPC and Section 3(1) (xii) of Scheduled Caste/Scheduled Tribe (Prevention

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

of Atrocities) Act and had convicted the Appellant/Accused for offence

under Section 417 of IPC, imposing sentence of imprisonment and

compensation of Rs.3 lakhs to be paid to the victim.

5.The learned Counsel for the Appellant invited the attention of this

Court to attract Section 417 of IPC. In this case, no such materials are

available from the evidence of the Prosecution witnesses. Also, the learned

Counsel for the Appellant invited the attention of this Court to the Medical

Certificate under Ex.P-13. The Doctor P.W-12, who had examined the

Complainant/victim had taken advantage of the notes made on the Accident

Register as“alleged to have had relationship with a known person for the

past one year”.

6.The learned Counsel for the Appellant submitted that as per the

charge sheet, from 06.01.2002 the Appellant was alleged to have been in a

relationship with the victim/Complainant. Further, the learned Counsel for

the Appellant invited the attention of this Court to para 17 of the judgment

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

and to the evidence of the Investigation Officer that the Doctor Certificate

was not marked through the Doctor but was marked through the

Investigation Officer, which was objected by the learned Counsel for the

Appellant/Accused before the Trial Court.

7.The learned Counsel for the Appellant invited the attention of this

Court to the observation of the learned Trial Judge that the

Appellant/Accused had not subjected himself to DNA test and had drawn

adverse inference. Learned Counsel submitted that the victim/Complainant

in this case has moved Crl.O.P.No.36969 of 2007 and the same was

dismissed by order dated 16.02.2010 with the following observations:

“13.However, in the circumstances of the case, it would be open for the trial Court to consider whether the conduct of a DNA test would serve the interest of justice. DNA testing has been found to be scientifically accurate. Of course, it was submitted by the learned counsel for the 3rd respondent that requiring the Appellant/Accused to submit himself to a DNA test would amount to testimonial compulsion. The constitutional Bench of the Honourable Apex Court in State of Bombay v. Kathi Kalu Oghad AIR 1961 Supreme Court Cases 1808 has held as follows:

"(16)In view of these considerations, we have come to the following conclusions:-

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

(1)An Appellant/Accused person cannot be said to have been compelled to be a witness against himself simply because he made a statement while in police custody, without anything more. In other words, the mere fact of being in police custody at the time when the statement in question was made would not, by itself, as a proposition of law, lend itself to the inference that the Appellant/Accused was compelled to make the statement, though that fact, in conjunction with other circumstances disclosed in evidence in a particular case, would be a relevant consideration in an enquiry whether or not the Appellant/Accused person had been compelled to make the impugned statement.

(2)The mere questioning of an Appellant/Accused person by a police officer, resulting in a voluntary statement, which may ultimately turn out to be incriminatory, is not 'compulsion'.

(3)'To be a witness' is not equivalent to 'furnishing evidence' in its widest significance; that is to say, as including not merely making of oral or written statements but also production of documents or giving materials which may be relevant at a trial to determine the guilt or innocence of the Appellant/Accused.

(4)Giving thumb impressions or impressions of foot or palm or fingers or specimen writings or showings parts of the body by way of identification are not included in the expression 'to be a witness'. (5)'To be a witness' means imparting knowledge in respect of relevant facts by an oral statement or a statement in writing, made or given in Court or otherwise.

(6)'To be a witness' in its ordinary grammatical sense means giving oral testimony in Court. Case law has gone beyond this strict literal interpretation of the expression which may now bear a wider meaning, namely, bearing testimony in Court or out of Court by a person Appellant/Accused of an offence, orally or in writing. (7)To bring the statement in question within the prohibition of Art.20(3), the person Appellant/Accused must have stood in the character of an Appellant/Accused person at the time he made the statement. It is not enough that he should become an Appellant/Accused, any time after the statement has been made."

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

Thus, the position is quite clear that requiring an Appellant/Accused to submit himself to a DNA test would not amount to testimonial compulsion. The above observations are not meant to impose any particular conduct on the trial Court and the lower Court will deal with the case on merits.”

8.In the light of the reported ruling in S.Vidhya -vs- State by Deputy

Superintendent of Police, Mamallapuram, Kancheepuram and others

reported in 2010 (2) MWN (Cr.) 263, the observation made by the learned

Principal Sessions Judge is to be treated as perverse. Further, the learned

Counsel for the Appellant invited the attention of this Court to a reported

judgment of the Hon'ble Supreme Court in Criminal Appeal No.13 of 2016

[Tilak Raj -vs- The State of Himachal Pradesh] arising out of

SLP(Crl.)No.4896 of 2015, dated 06.01.2016.

9.In the light of the above, the learned Counsel for the Appellant seeks

to set aside the judgment of conviction imposed on the Appellant by the

learned Principal Sessions Judge, Kancheepuram District at Chengalpattu,

as it is perverse.

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

10.The legal Aid Counsel nominated by the Tamil Nadu Legal Aid

Committee submits that apart from the submission made by the learned

Counsel for the Appellant, in the course of trial, there was evidence before

the Trial Court that there was a Panchayath convened regarding this dispute

in the village before filing of complaint. In the Panchayath by the village

President by name, Ethiraj, who had convened the Panchayath regarding

the dispute. On that scope, the learned Judge failed to consider the materials

available before the Trial Court. The Panchayath President Ethiraj was not

examined as a witness by the Prosecution. There was suppression of fact by

the prosecution.

11.In that Panchayath, it is stated that the prosecutrix had accepted

that she had been in a consensual relationship with the Appellant/Accused.

Further, the learned Counsel for the Appellant invited the attention of this

Court that at the initial stage of the registration of the case, the provisions of

Scheduled Caste/Schedule Tribe (Prevention of Atrocities) Act was not at all

invoked. During the cross examination of P.W-1, she had clearly admitted

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

that she had not stated anything regarding community in the complaint.

Only in the course of the investigation, it was found out that the

Appellant/Accused and the Complainant belong to different communities.

Therefore, the Investigation Officer herself had invoked the provision of

Scheduled Caste/Schedule Tribe (Prevention of Atrocities) Act at the initial

stage of the investigation forwarded the alteration report invoking provisions

of Scheduled Caste/Schedule Tribe (Prevention of Atrocities) Act. Later on,

the Deputy Superintendent of Police took up the investigation after the

alteration of the charge, invoking the provisions of Scheduled

Caste/Schedule Tribe (Prevention of Atrocities) Act. Learned Counsel for the

Appellant submitted that the Investigation Officer, in her cross examination,

submitted that the Appellant/Accused did not have the intention of cheating.

He had taken the marriage proposal into consideration. Therefore, the

provision of 415 IPC is not accepted. In the light of the cross examination of

P.W-1 and the conviction of the Appellant/Accused under 417 of IPC by the

learned Judge is to be treated as perverse and the same is to be set aside.

12.The learned Counsel for the Appellant also invited the attention of

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

this Court to the second provision of Section 417 of IPC. If this Court

considers the Appeal lacks merit, then the second provision may be

considered.

13.The learned Additional Public Prosecutor appearing for the

Respondent vehemently objected to the submission of the learned Counsel

for the Appellant stating that earlier order of this Court dated 26.04.2023,

stated that the Police were directed to secure the Appellant/Accused and

produced him before this Court on 08.06.2023, and had appointed Legal

Aid Counsel to proceed with the Appeal on 08.06.2023. When the Station

House Officer of the Respondent Police Station visited the address

mentioned in the charge sheet and in the judgment, it was found that the

Appellant/Accused had shifted his residence and his whereabouts is not

known in the village. Therefore, the Station House Officer had obtained

certificate from the Village Administrative Officer. The Respondent Police

was unable to secure the Appellant/Accused because of the conduct of the

Appellant/Accused in shifting his residence and not informing the

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

Respondent Police. Also, in the facts of this case, when the Trial Court

convicted the Appellant/Accused and imposed compensation, the

compensation amount had to be paid. Here is the case, the

Appellant/Accused had paid Rs.75,000/- only out of Rs.3 lakhs ordered as

compensation but had not paid the entire compensation all these years. Only

Rs.75,000/- is remaining in the Court deposit of the learned Sessions Judge,

Kancheepuram at Chengalpattu.

14.Heard the learned Counsel for the Appellant, the learned

Additional Public Prosecutor appearing for the Respondent and perused the

documents.

15.On consideration of the rival submissions and on perusal of the

evidence and the documents, the submission of the learned Counsel for the

Appellant cannot at all be accepted in the light of the evidence of the

Prosecutrix P.W-1. The Appellant herein had physical intimacy with the

Prosecutrix on the pretext of marrying her. When she informed the

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

Appellant that she is four months pregnant, the Appellant stopped visiting

the Prosecutrix. The repeated request of the Prosecutrix did not help her.

Therefore, she was forced to file complaint. Based on which, FIR was

registered. She had fairly conceded in her cross-examination that in her

complaint, she did not mention about the caste or discrimination based upon

caste to attract the offence under Section 3(1)(xii)of SC/ST (PoA) Act.

16.In the ruling relied upon by the learned Counsel for the Appellant

in S.Vidhya -vs- State by Deputy Superintendent of Police,

Mamallapuram, Kancheepuram and others reported in 2010 (2) MWN

(Cr.) 263, the observation of the learned Judge of this Court that the

Petitioner has the liberty to approach the trial Court. But had not exercised

that option will not go against the Prosecutrix or in favour of the Appellant.

The learned Counsel for the Appellant invited the attention of this Court to

the defence of the Appellant/Accused/Appellant during trial that the

Prosecutrix had physical relationship with Anandan, Siva, Ravi and with her

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

own paternal uncle. If that be so, the Appellant need not have second

opinion. He could have very well subjected himself to DNA Test but he had

not done so. The Appellant who is alleged to have had physical relationship

with the Prosecutrix had stopped visiting her after she informed him that she

was four months pregnant. In the course of cross-examination she had

clearly stated in Tamil that the Appellant/Accused touched her and she had

begotten a child, by the time the trial came before the Court, the child was 5

years old. Therefore, she was waiting to marry her. That part of evidence of

a woman cannot be rejected by any Court. After having relationship with a

woman resulting in sexual intercourse and cheating the very same woman

claiming that she is immoral cannot be accepted and appreciated by any

court of law. By promising to marry a woman, a man makes her believe that

he will marry her and after having intercourse with her, when she developed

pregnancy he cheating her and then claiming that she is immoral cannot be

appreciated by any Court of law. If it is so, she is to be branded as

prostitute. If she is to be branded as prostitute, the man who had intercourse

with her accepts that he had relationship with her. If he denies that there is

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

no relationship with her, he need not fear for subjecting himself to DNA test.

Here in this case, he had taken time to marry her as per the evidence of the

Investigation Officer – P.W-11 Asi Ammal. Repeatedly the

Appellant/Accused had been taking time. Therefore, his intention was to

cheat her. In that scenario, the finding of guilt recorded by the learned

Sessions Judge, Kancheepuram at Chengalpattu cannot be faulted.

17.In the course of the argument, the learned Counsel for the

Appellant invited the attention of this Court to the provision of Section 417

of IPC and to the provision of Section 415 of IPC. The submission of the

learned Counsel for the Appellant that the Prosecutrix had not parted with

anything to attract the ingredients of Section 415 cannot at all be accepted.

The Appellant/Accused was attracted to the physical beauty of the

Prosecutrix and if she had been immoral, she might not have come forward

by filing the complaint. He had promised to marry her. A woman of normal

human conduct will not subject herself to sexual intercourse with a man who

has no acquaintance with her. Here the facts are that the Appellant and the

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

Prosecutrix had been acquainted with each other. He had offered to marry

her. When she refused, he promised to marry her and had intercourse.

When she informed that she had developed pregnancy and she is at the

fourth month pregnancy, he had stopped visiting her. If the ingredients of

Section 415 of IPC as pointed out by the learned Counsel for the Appellant

is to be accepted she had not parted with anything cannot at all be accepted.

She had parted with her reputation, self-respect which was exploited by the

cunning words of the Appellant/Accused. After enjoying sex with the

victim/Prosecutrix the attempt of the Appellant/Accused that he is not the

father of the child and she had intercourse with several persons cannot at all

be accepted. In the circumstances that when he suggests the names of

several individuals having relationship with the Prosecutrix, then he ought to

have subjected himself to DNA test. He did not go for that. Therefore, the

learned trial Judge is within his powers as a trial Judge to draw adverse

inference against the Accused/Appellant herein. Before concluding the

arguments, the learned Counsel for the Appellant submitted that as per the

second part of Section 417 of IPC it is either sentence of imprisonment or

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

fine. If that is to be considered, the Appellant shall pay the balance of

Rs.3,00,000/- (Rupees Three Lakhs only) before the Court of the learned

Sessions Judge, Kancheepuram at Chengalpattu.

18.The conduct of the Appellant/Accused is not appreciated by this

Court. Having suffered conviction and sentence before the trial Court, he

had appealed before the High Court. On admission of the appeal, the

Appellant/Accused was granted bail. This Court had directed the Appellant

to deposit Rs.75,000/- and he had deposited Rs.75,000/- but he had not

deposited the entire compensation amount as ordered by the trial Judge.

Further, he had not prosecuted the appeal and he had absconded.

19.Therefore, this Court directed the learned Counsel for the

Appellant to produce the Appellant/Accused/Appellant before this Court on

10.07.2023. On 10.07.2023, the Appellant was produced by the learned

Counsel for the Appellant by 2.15 p.m. in the Chamber. The Appellant was

warned that if he evades due process, directions will be issued by this Court

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

to the Respondent Police/Inspector of Police, Thazhambur Police Station,

Kancheepuram District, Tambaram Commissionerate to publish the photo as

well as the details of the Appellant as absconding Appellant/Accused and to

secure him. The Appellant/Accused was also warned that whenever he

shifts his residence he is duty bound to inform the same to the Respondent

Police till the disposal of this Appeal.

20.On 17.07.2023, the learned Additional Public Prosecutor, learned

Counsel for the Appellant, Appellant and the Sub Inspector of Police,

Thazhambur Police Station, Kancheepuram District, Tambaram

Commissionerate are present in Chamber. As per the letter received by the

Sub Inspector of Police, Thazhambur Police Station, Kancheepuram District,

Tambaram Commissionerate, the Complainant states that as per the

judgment, Rs.3,00,000/- (Rupees Three Lakhs) was imposed on the

Appellant/Accused as compensation but till date, the Complainant had not

received the same.

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

21.As per the submission of the learned Additional Public Prosecutor,

even tough the trial Court directed the Appellant/Accused to deposit

Rs.3,00,000/- under Section 357 of Cr.P.C., at the time of seeking

suspension of sentence, it was directed to deposit only Rs.75,000/- and the

Appellant/Accused deposited only Rs.75,000/- into the Court deposit. Even

after so many years, he had not paid the full amount. Before winding up the

argument, the learned Counsel for the Appellant would submit that after this

long period if the Court is not satisfied on the grounds of appeal raised by

the Appellant, the Court may consider conversion of imprisonment as

compensation instead of confirming the judgment of conviction.

22.In the light of the above submission, the Appellant/Accused was

directed to deposit Rs.4,00,000/- (Rupees Four Lakhs only) in S.C.No.134

of 2005 on the file of the learned Principal District and Sessions Judge,

Kancheepuram at Chengalpattu on or before 28.07.2023.

23.In continuation of the order passed on 17.07.2023, today

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

Mr.V.Krishnamoorthy, learned Counsel who appeared earlier for the

Appellant and Mr.K.Ethirajulu, learned Counsel for the Appellant

nominated by the High Court Legal Services Committee, the learned

Additional Public Prosecutor appearing for the Respondent, the

Appellant/Accused and the Sub Inspector of Police, Thazhambur Police

Station along with CD file in Crime No.11 of 2002 are present. The learned

Counsel for the Appellant deposited a sum of Rs.4,00,000/= (Rupees Four

Lakhs only) in the Crime No.11 of 2002 before the Court of the learned

Principal Sessions Judge, Kancheepuram at Chengalpattu. He has also

produced the original receipt bearing No.20/2023 dated 26.07.2023.

24.In the light of the arguments advanced by the earlier Counsel for

the Appellant Mr.V.Krishnamoorthy as well as the nominated Counsel

Mr.K.Ethirajulu, this Court is inclined to confirm the judgment of the trial

Judge but modify the judgment instead of sentence of imprisonment

awarded by the learned Principal Sessions Judge, Kancheepuram at

Chengalpattu in S.C.No.134 of 2005, the offence under Section 417 of IPC

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

for which the Appellant/Accused was convicted and for the offence under

Sections 376 of IPC and Section 3(1)(xii) of SC/ST (PoA) Act, were

acquitted. The judgment of conviction under Section 417 of IPC is

confirmed. The argument of the learned Counsel for the Appellant that the

ingredients of offence under Section 417 of IPC is not rejected and the same

is confirmed in the light of the developments after the date of judgment.

Considering the well-being of the Prosecutrix a report was called for by this

Court through the Sub Inspector of Police, Thazhambur and she had given a

statement to the Sub Inspector of Police that till date she is unmarried and

she had given birth to a girl child who is now at 20 years old.

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

partly allowed and the sentence of imprisonment and compensation

awarded by the learned Sessions Judge, Kancheepuram at Chengalpattu in

S.C.No.134 of 2005, dated 02.09.2016 is modified as follows:

(a) Instead of confirming the judgment of conviction, it is

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

modified as compensation to be paid to the Prosecutrix viz., a

sum of Rs.4,00,000/- (Rupees Four Lakhs only).

(b) The period already undergone by the Appellant in

remand in Crime No.11 of 2002 on the file of the Respondent

Police is considered as sentence.

(c) The sentence of of imprisonment already undergone

by the Appellant/Accused is treated as imprisonment.

26.As per the direction of this Court dated 17.07.2023, the Appellant

had deposited the amount in S.C.No.134 of 2005 on the file of the learned

Principal Sessions Judge, Kancheepuram at Chengalpattu, on 26.07.2023.

27.The learned Principal Sessions Judge, Kancheepuram at

Chengalpattu is directed to permit the Prosecutrix/Complainant in

S.C.No.134 of 2005 to withdraw the entire amount viz., R.4,75,000/-

(Rupees Four Lakhs and Seventy Five Thousand only) available in the Court

deposit. Intimation shall be sent to the Prosecutrix through the Sub

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

Inspector of Police, Thazhambur Police Station by issuing notice to the

Prosecutrix and also assist her in withdrawing the amount from the office of

the Principal Sessions Judge, Kancheepuram at Chengalpattu.

28.Compliance report shall be submitted to this Court by the learned

Principal Sessions Judge, Kancheepuram at Chengalpattu.

Call the case on 08.08.2023 for reporting compliance.

01.08.2023

cda/srm Internet:Yes/No Index:Yes/No Speaking/Non-speaking order

Note: Issue order copy on 02.08.2023

To

1.The Principal Sessions Judge,

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

Kancheepuram at Chengalpattu.

2.The Additional Public Prosecutor, Madras High Court, Madras.

SATHI KUMAR SUKUMARA KURUP, J.,

https://www.mhc.tn.gov.in/judis Crl. Appeal No. 688 of 2016

cda/srm

Crl.A.No.688 of 2016

01.08.2023

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

 
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