S VARADARAJAN Vs. STATE OF MADRAS

JUDGEMENT

(1.) This is an appeal by special leave from the judgment of the High Court of Madras affirming the conviction of the appellant under S. 303 of the Indian Penal Code and sentence of rigorous imprisonment for one year awarded by the Fifth Presidency Magistrate, Egmore, Madras.

(2.) Savitri P. W. 4, is the third daughter of S. Natarajan, P. W. 1, who is an Assistant Secretary to the Government of Madras in the Department of Industries and Co-operation. At the relevant time, he was living on 6th Street, Lake area, Nangumbakkam, along with his wife and two daughters, Rama, P.W. 2, and Savitri P. W. 4. The former is older than the latter and was studying in the Madras Medical College while the latter was a student of the second year B.Sc., class in Ethiraj College.

(3.) A few months before September 30, 1960 Savitri became friendly with the appellant Varadarajan who was residing in a house next door to that of S. Natarajan. The appellant and Savitri used to carry on conversation with each other from their respective houses. On September 30, 1960 Rama found them talking to each other in this manner at about 9,00 a.m. and had also seen her talking like this on some previous occasions. That day she asked Savitri why she was talking with the appellant. Savitri replied saying that she wanted to marry the appellant. Savitri's intention was communicated by Rama to their father when he returned. home at about 11.00 a.m. on that day. Thereupon Natarajan questioned her. Upon being questioned Savitri started weeping but did not utter a word. The same day Natarajan took Savitri to Kodambakkam and left her at the house of a relative of his, K. Natarajan, P. W. 6, the idea being that, she should be kept as far away from, the appellant as possible for some time.