MUNNA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The present appeals are filed against the judgment dtd. 18/1/2017 passed by the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri, in S.C. No.109 of 2015 in and by which A-1 ( the appellant in Crl.A. No.106 of 2019) was convicted for the offences punishable under Ss. 376 (4 counts) IPC and 66(E) ( 4 counts), 67A(4 counts) Information Technology Act and A-2 (Appellant in Crl A. No.73 of 2017) was convicted for the offences under Sec. 292 IPC and under Ss. 66(B), 67(A) Information Technology Act 2000 and sentenced to undergo imprisonment as extracted hereunder:

(2.) The case of the prosecution is that Sivaraj (appellant in Crl.A.No.106 of 2019 and A-1) doing private lending business owned a terraced farm house at Kuppankottai, Palacode, Dharmapuri District. He was known to give loans at cheaper interest rates, due to which he was able to lure many women folk who were in need of hand loans. It is the case of the prosecution that atleast 29 women who approached him to borrow money were sexually assaulted after they were asked to come to his farm house and the sexual acts were videographed by him using two mobile phones (M.O.1 and M.O.2), only to be used as a tool to threaten them and extract more sexual favours from them as and when he desired. Munna (appellant in Crl.A.No.73 of 2017 and A-2), was a mobile phone technician who was able to access the video files in the mobile phones of A-1 when they reportedly were handed over to him for repair. He downloaded them, made copies and circulated them in the web and also sold them to the public.

(3.) K.S.Vijayan (P.W.1), the Village Administrative Officer of Palacode, was the complainant after he got information of this scandal involving many women living in the locality. On receipt of his complaint (Ex.P1), on 6/10/2014, Senkathir (P.W.17), the Special Sub Inspector of Police, Palacode Police Station, registered an FIR in Crime No.360 of 2014 of Palacode Police Station under Ss. 292 IPC and 67, 67 (A) and 67 (B) of Information Technology Act, against Sivaraj (A1).