Criminal Appeal No. 14 of 2005 · Madras High Court

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED:28.04.2010CORAMTHE HON'BLE MR.JUSTICE T.SUDANTHIRAMCRL.R.C.No.402 of 20101.Haridoss2.Pichai @ Pachaiyappan3.Elumalai4.Shiva .. Petitioners/Accused 1 to 4Vs.State: rep. by The Sub-Inspector of Police, Brammadesam Police Station, Thiruvannamalai District. (Crime No.182 of 2002). .. Respondent/ComplainantPrayer:-Petition filed under Section 397 read with 401 of Cr.P.Cagainst the Judgment passed in Crl.A.No.14 of 2005, dated 27.11.2009by the Principal District and Sessions Judge, Thiruvannamalai, convicting the petitioners under Section 509 I.P.C. and sentenced toundergo three months simple imprisonment, confirming the trialCourt's order dated 28.02.2005, passed in C.C.No.231 of 2003 on thefile of the Judicial Magistrate No.II, Cheyyar. For Petitioners : Mr.R.BalakrishnanFor Respondent : Mr.N.Kumanan, Government Advocate (Crl.side)- - - - -ORDERThe revision petitioners herein are the accused in C.C.No.231 of2003 on the file of the learned Judicial Magistrate No.II, Cheyyarand they were convicted for an offence under Section 509 I.P.C. andeach one were sentenced to undergo simple imprisonment for threemonths. The said conviction and sentence were also confirmed by thelearned Principal District and Sessions Judge, Thiruvannamalai in Crl.A.No.14 of 2005. Aggrieved by the said conviction and sentence, the petitioners have preferred this Criminal Revision Petition. 2. This criminal revision petition has come up before this Court for admission. With the consent of the learned counselappearing for the petitioners and also the learned GovernmentAdvocate (Crl. Side), this revision petition is now taken up fordisposal. https://hcservices.ecourts.gov.in/hcservices/

The case of the prosecution, in brief, is as follows:- On 20.08.2002 at about 5.00 p.m. P.W.2, the daughter ofP.W.1 was grazing cattle at Vada Illuppai Village. At that time, accused 1 to 4 came together and humiliated P.W.2 by uttering wordsthat as to whether Va; Kk;jh$;. cyf mHfpah. Va; rj; jpah eP R{g;gh; gpfh;. R{g;gh; kapny. R{g;gh; !;lhh;/ P.W.2 went to her house andreported the matter to her mother. The accused also followed her andcame to her house and again used abusive language. Accused 1 and 2also threatened P.W.2 and her mother by wielding a knife.

In order to establish the case, the prosecution examinedP.Ws.1 to 9 and marked Exs.P.1 to P.6. On behalf of the accused, nowitness was examined and no document was marked.

The Trial Court, after analyzing the oral and documentaryevidence, acquitted the accused from the charges under Sections 294(b) and 506(ii) I.P.C. but convicted them only under Section 509I.P.C. and the said conviction was also confirmed by the AppellateCourt.

The learned counsel appearing for the petitioners submitsthat he is confining his argument with regard to the sentence ofimprisonment imposed upon the petitioners/accused. It is furthersubmitted that all the accused have now filed individual affidavitsbefore this Court seeking pardon. Under such circumstances, thelearned counsel appearing for the petitioners submitted that theaccused may be let off invoking the Probation of Offenders Act andrelease them on probation.

Heard the learned Government Advocate (Crl. Side).

This Court has considered the submissions made by both theparties and also perused the materials available on record.

As per the evidence of P.W.2, the accused used the words onseeing her that she was "Kk;jh$;;. and she was R{g;gh; !;lhh; " and the accusedquestioned as to whether she was queen of beauty and thereafter allof them laughed. From the evidence of P.W.2, it appears that theyhave outraged her modesty. The occurrence had taken place in theyear 2002 and now more than seven years had elapsed. It appears thatafter the arrest of the accused, they have been in jail for one ortwo days. It appears from the Judgment of the trial Court beforesentencing the accused to imprisonment the trial Court has not givenany specific reasons as required under Section 361 of Cr.P.C. for notinvoking the Probation of Offenders Act. 10. It is pertinent to point out Section 361 of Cr.P.C., whichreads as follows:-"361. Special reasons to be recorded in certain cases. Where in any case the Court could have dealt with- https://hcservices.ecourts.gov.in/hcservices/ (a) an accused person under section 360 or under theprovisions of the Probation of Offenders Act, 1958 (20of 1958), or(b) a youthful offender under the Children Act, 1960(60 of 1960), or any other law for the time being inforce for the treatment, training or rehabilitation ofyouthful offenders, but has not done so, it shall record in its judgmentthe special reasons for not having done so.