SIDHARTHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner was the accused in SC No.3317 of 2005 on the file of the Judicial First Class Magistrate Court-V, Kozhikode and the appellant in Crl.Appeal No. 726 of 2008 on the file of the Special Additional Sessions Judge (Marad Cases), Kozhikode. The offence alleged against the revision petitioner is punishable under Section 509 of the Indian Penal Code (hereinafter referred to as, " IPC ").

(2.) By its judgment dated 28.07.2008, the learned magistrate convicted and sentenced the accused to undergo simple imprisonment for a period of six months for the offence punishable under Section 509 of the IPC. Challenging the conviction and sentence, the accused preferred Crl.Appeal No. 726 of 2008 before the Special Additional Sessions Court (Marad Cases), Kozhikode. By its judgment dated 20.11.2009, the learned Special Additional Sessions Judge (Marad Cases) allowed the appeal in part and altered the sentence to pay a fine of Rs.10,000/- and in default of payment of fine to undergo simple imprisonment for a period of three months for the offence under Section 509 of the IPC.

(3.) The prosecution case, in brief, is that on 23.09.2005, the accused uttered words intending to insult the modesty of the defacto complainant and thereby, committed the offence under Section 509 of the IPC.