ERIC MULINE NTHULI Vs. STATE

JUDGEMENT

(1.) The appellant herein is the sole accused in S.C. No. 138 of 2017 on the file of the learned Sessions Judge, Mahila Court, Salem. After conclusion of trial in the Sessions Case, by Judgment dtd. 2/4/2019, the learned Sessions Judge found the appellant/accused guilty of the offences punishable under Sec. 342, 506 (i), 352, 376 (1) of Indian Penal Code (in short IPC) and Sec. 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998 and sentenced him to undergo imprisonment as detailed below:- Offence punishable under Sec. Sentence imposed by the trial Court Sec. 342 of IPC Sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000.00, in default to undergo simple imprisonment for a period of three months Sec. 506 (i) of IPC Sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of R.1,000/-, in default to undergo simple imprisonment for a period of six months Sec. 352 of IPC Sentenced to undergo simple imprisonment for three months with fine of Rs.500.00, in default to undergo simple imprisonment for a period of one week Sec. 376 (1) of IPC Sentenced to undergo life imprisonment and to pay a fine amount of Rs.5,000.00, in default, to undergo simple imprisonment for a period of six months Sec. 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1998 Sentenced to undergo rigorous imprisonment for three years with fine of Rs.10,000.00, in default to undergo simple imprisonment for a period of six months.

(2.) Assailing the validity and/or correctness of the Judgment of conviction dtd. 2/4/2019, as aforesaid, the appellant/accused has come forward with this Criminal Appeal.

(3.) The case of the prosecution, as could be culled out from the complaint, Ex.P1 dtd. 2/12/2016 given by the prosecutrix and through her deposition as PW1 before the trial Court, is as follows:-