Vijayakumar vs State

Honourable Mr. Justice C.T. Selvam

The petitioner challenges the the judgment made in C.A.No.6 of 2009 dated 13.5.2011 by the learned Addl. Sessions Judge (Fast Track II) Cuddalore convicting the petitioner u/s 417 of IPC to undergo one year R.I. and directing him to pay a sum of Rs.1 lakh to the child PW1 as compensation u/s 357 Cr.P.C. and acquitting the petitioner u/s 4 of Dowry Prohibition Act. As against the judgment in C.C.No.360 of 2007 dated 20.01.2009 by the Learned Judicial Magistrate No. I, Cuddalore, convicting him to undergo 1 year R.I. for offence u/s 417 IPC, sentenced him one year R.I. u/s 4 of Dowry Prohibition Act and directed to pay a fine of Rs. 1000/- in default to undergo two weeks S.I. and to pay a sum of Rs.50,000/- as compensation to the child of the PW1 u/s 357 Cr.P.C.

The petitioner herein stood trial for offences u/s 417 of IPC and Section 4 of Dowry Prohibition Act in C.C.No.360 of 2007 on the file of the learned Judicial Magistrate No. I, Cuddalore.

The prosecution of the case was that the petitioner/accused and PW1 Selvi had a love affair in the course of which PW1 was induced into sexual relationship on a promise made by the petitioner of marrying her. Having been caught in the act, the villagers attempted to force a marriage. Thereupon the petitioner made dowry demands. Hence, the petitioner was charged for offence u/s 417 of IPC and Section 4 of Dowry Prohibition Act.

Before the trial court, the prosecution examined twelve (12) witnesses and marked five (5) exhibits. PW1, the victim girl was examined in chief but could not be cross examined as she had died. On appreciation of the evidence, the trial court entered a finding of conviction and sentenced the petitioner to one year R.I. for offence u/s 417 of IPC and one year R.I. and fine of Rs.1,000/- in default three months S.I. for offence u/s 4 of Dowry Prohibition Act. Against this conviction, the petitioner moved appeal in C.A.No.6 of 2009 and under judgment of the learned Addl. Sessions Judge, FTC No.II, Cuddalore dated 13.05.2011, the petitioner stood acquitted of offence u/s 4 of Dowry Prohibition Act since there was no proof of marriage but his conviction u/s 417 was upheld. In doing so, the appellate court confirmed the conviction of sentence of one year R.I. for such offence but enhanced the compensation payable to a sum of Rs. 1,00,000/-. There against the present revision has been preferred.

Heard Mr. C.D. Johnson, learned counsel for the petitioner and Mr. P. Govindarajan, Additional Public Prosecutor for the respondent.

Learned counsel for petitioner submitted that the petitioner had suffered grave prejudice in circumstances where there was no opportunity to cross examine the alleged victim girl, PW1. His submission is that in such circumstance, this Court may alter the substantial sentence to one of the period already undergone by him since the petitioner has been in custody for about nine (9) days and a fine of Rs.50,000/- may be imposed directing payment thereof towards compensation to the child born through the relationship, who is now in the custody of her grand parents. On hearing the Additional Public Prosecutor on the above submission, this Court is of the view that the same may be accepted.

Accordingly, this revision stands ordered as follows

[a] The judgment of conviction of the courts below for offence u/s 417 of IPC shall be sustained. However, the substantial sentence upon the petitioner shall stand altered to one of the period already undergone by him. The petitioner shall also be sentenced to pay a fine of Rs.50,000/-. Such fine amount shall be paid as compensation u/s 357(i) of Cr.P.C. to the girl child by name Sivaranjani who is now in the custody of her grand parents by name Seenu and Dhanavalli having their residence at No.262, Murugan Koil Street, Keezh Arungunam Village & Post, Panruti Taluk, Cuddalore District. This Court records that the sum of Rs.50,000/- stands paid by the petitioner today. The said sum is forwarded through the respondent police towards the same being deposited as fixed deposit in any one of the Nationalised Bank at Panruti and in the name of the minor girl child Sivaranjani. The Nationalised Banks shall renew the deposit from time to time / place the deposit in such scheme as would fetch the maximum interest. This process shall be continued till such time the minor girl Sivaranjani attains the age of 18 whereupon she will be entitled to receive the said sum directly from the Bank. Till the minor girl Sivaranjani attains majority, the interest on the said deposit shall be paid over to the grandmother of the child towards meeting the child's expenses, once in three months. It is informed that the minor girl is studying at Panchayat Union Primary School, Vadugapalayam, Kilaarungunam Post, Annagramam. Towards dispelling any doubts on the rights of the minor girl as a member of the Scheduled Caste, which may arise at a latter point of time, this Court records the admitted factual position that both her parents belong to a Schedule Caste Community.

In the result, Criminal Revision Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.