Anbalagan v. The Inspector of Police

O R D E R This Petition has been filed to set aside the judgment made in C.A.No.109 of 2005, dated 06.10.2017 on the file of the Magalir Fast Track Court, Kanyakumari at Nagercoil, modified the judgment made in C.C.No.06 of 2002 on the file of the Judicial Magistrate No.II, Kulithurai, dated 01.04.2005.

¶2The case of the prosecution is that on 04.12.2001 at about

6.30 p.m., the parents of the victim scolded her with filthy language and also attacked by their hands. They also insisted to go for prostitution and threatened her with dire consequence. While being so, the brother of the victim / A3 and A4 also came there and attacked her. They also misbehaved with her by touching her breast and beaten her. Therefore, on the next day, she lodged a complaint and the same was registered in Crime No.776 of 2001 for the offences under Sections 294(b), 342, 354, 506(ii) of IPC. After completion of investigation, the respondent police filed a final report and the same was taken cognizance by the trial Court. In order to prove the charge, the prosecution had examined PW1 to PW10 and marked five documents as Ex.P1 to Ex.P5. On the side of the accused, they had examined DW1 and DW2 and no documents were marked. On perusal of oral and documentary evidence, the trial Court convicted the petitioners for the offences under Sections 342 , 353 and 509 of IPC. Aggrieved by the same, the petitioners preferred an appeal before the Appellate Court. The Appellate Court confirmed the conviction and modified the sentence and partly allowed the appeal. Aggrieved by the same, the present revision is filed.

¶3The learned counsel for the petitioners would submit that in support of the case of the prosecution, the respondent had examined PW6, who is none other than the brother of A1. He categorically admitted that when the victim intend to get marry with the other person, when the parents and family members refused the same, a false complaint foisted against the petitioners. In fact, the petitioners are being the brothers of the victim. They joined with the family only a few months before and as such, a false complaint foisted as against the petitioners. Further, there is a property dispute within the family members, as such a false complaint was foisted as against the petitioners in order to grab the property.

4.The learned Government Advocate (Crl.side) submitted that the prosecution categorically proved the charge and both the Courts below rightly convicted the petitioners and as such, does not warrant any interference by this Court.

¶5Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for the respondent.

¶6It is a classic case. Unfortunately, the victim, who was tortured by the same family members namely father, mother and two brothers. While pending appeal, the parents of the victim died and the present petitioners are the brothers of the victim. In a case like the present case, the prosecution need not corroborate the evidence of victim, since the evidence of prosecutrix itself a best evidence to convict the accused. It is relevant to extract the evidence of PW1 as follows:- ''vd;Dila g+h;tPfk; fPo;Fsk;. ehd; jw;NghJ gwg;ghjtpis vd;w ,lj;jpy; jdpahf tPL thliff;F vLj;J jq;fp tUfpNwd;. jpUtz;zhkiyapy; cs;s J}a me;Njhdpahh; Nky;epiyg;gs;spapy;

Mq;fpy

gs;spapy; gzpGhpfpNwd;. 1-tJ vjphp vd; mg;gh> 2-tJ vjphp Crl.R.C(MD)No.913eofe2017 vd; mk;kh. 3> 4 vjphpfs; vd; rNfhjuh;fs;. ehd; gp.v];.rp. gp.vl; tiu gbj;jpUf;fpNwd;. ehd; Vw;fdNt Njq;fhgl;lzj;jpy; cs;s my;mkPd; nkl;hpf;FNyrd; Mq;fpygs;spapy; Mrphpauhf Ntiy ghh;j;Njd;. ehd; vd; khkh jq;fg;gd; kw;Wk; jq;fehlhh; MfpNahh; cjtpAld; vd; tPl;by; ,Ue;J gbj;J gl;lk; ngw;Nwd;. vd; jfg;gdhh; jpUts;Sth; muR Nghf;Ftuj;Jf;fofj;jpy; elj;Jduhf ,Ue;jhh;. jw;NghJ Xa;T ngw;Wtpl;lhh;. 04.12.2001 md;W khiy Rkhh; 6" kzpf;F vd; jha;> jfg;gdhh; J}z;Ljypd; fhuzkhf 3> 4 vjphpfs; vd;id khdgq;fgLj;jpdhh;fs;. vd; tPl;bd; Kd;gf;fKs;s `hypy; itj;J khdgq;fg;gLj;jpdhh;fs;. mg;NghJ vd; jfg;gdhUk; jhahUk; vd;id gpbj;J itj;Jf;nfhz;lhh;fs;. mg;NghJ 4-tJ vjphp eph;thzkhf te;J epd;W nfhz;L vd; khh;gfq;fis jltpdhh;. 3-tJ vjphp md;gofd; vd; khh;gfq;fis jltp ifia gpbj;J itj;J thia nghj;jpdhh;. 3-tJ vjphp vd; KJF gf;fkhf gpbj;J nfhzL; vd; thia nghj;jpdhh;. mg;NghJ vd; jhahh; ,tis tpgrhuj;jpw;F mDg;gp itq;flh vd 3> 4 vjphpfis ghh;j;Jr; nrhd;dhh;. vd; jfgg; dhh; mg;NghJ vd; jiyapy; ifahy; mbj;jhh;. ehd; clNd rj;jk; Nghl;Nld; rj;jj;ij Nfl;L epiwa Ngh; te;jhh;fs;. vdf;F mtkhdkhf ,Ue;jjhy; ntspapy; nrhy;y ntl;fg;gl;L cldbahf fhty; epiyaj;jpy; Gfhh; nfhLf;ftpy;iy. 06.12.2021 md;W jhd; fhty;epiyaj;jpy; Gfhh; nfhLj;Njd;. vd;id jpUkzk; nra;Jf;nfhLf;ff;$lhJ vd;gjw;fhfTk; vd;id vg;gbahtJ tPl;by; ,Ue;J Juj;j Ntz;Lk; vd;gjw;fhfTk; vjphpfs; ,t;thW nra;jhh;fs;.

vd;

jfg;gdhUf;F

epiwa nrhj;Jf;fs; ,Uf;fpwJ. vdf;F vJTk; juf; $lhJ vd;gjw;fhfTk; vd;id gyKiw nfhLikg;gLj;jpdhh;fs;".

¶7No sister would give such kind of evidence without any truth. Admittedly, there was a property dispute and in order to grab the entire properties by the petitioners, they intended to hurt the victim. Therefore, they had gone to an extent that they had misbehaved with the victim. It is very unfortunate state that the victim suffered with mental agony and frustrated from the hands of her own brothers. Thus, both the Courts below have rightly convicted the petitioners. Therefore, this Court find no infirmity or illegality in the order passed by this Court.

8.Accordingly, the Criminal Revision Case stands dismissed.

17.03.2023 NCC : Yes/No Index : Yes / No vsd ToT

1.The Magalir Fast Track Court, Kanyakumari at Nagercoil.

2.The Judicial Magistrate No.II, Kulithurai.

3.The Inspector of Police, Pudhukadai Police Station, Nagercoil, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN, J. vsd

17.03.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2023 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.Anbalagan 2.Arivalagan ...Petitioners Vs. State represented by The Inspector of Police, Pudhukadai Police Station, Nagercoil, Kanyakumari District. (In Crime No.776 of 2001) ...Respondent Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for records and set aside the the Magalir Fast Track Court, Kanyakumari at Nagercoil, modified the Magistrate No.II, Kulithurai, dated 01.04.2005. For Petitioners : Mr.C.Senthil Murugan for Mr.C.Muthusaravanan For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)