PANIMAYAM Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case has been filed by the revision petitioner to set aside the Judgment, dated 10.02.2016 in Crl.A. No.9 of 2014 passed by the learned IV Additional District and Sessions Judge, Tirunelveli confirmed the Judgment, dated 18.12.2013 in C.C. No. 294 of 2010 passed by the learned Judicial Magistrate, Vallioor, Tirunelveli District.

(2.) As against the judgment of conviction and sentence passed by the learned Judicial Magistrate, Vallioor, Tirunelveli District, in C.C.No. 294 of 2010, dated 18.12.2013, the revision petitioner has preferred an appeal before the learned IV Additional District and Sessions Judge, Tirunelveli, in C.A.No.294 of 2010. The lower Appellate Court, by judgment dated 10.02.2016, dismissed the appeal and the conviction and sentence to pay a fine of Rs.500/- in default to undergo simple imprisonment of One month for the offence under Section 294(b) of IPC and to pay a fine of Rs.500/-, in default to undergo simple imprisonment for One month for the offence under Section 323 of IPC and to undergo simple imprisonment for Six months and to pay a fine of Rs. 10,000/- in default to undergo simple imprisonment for One month for the offence under Section 4 of Tamil Nadu Prohibition of Women Harassment Act, was confirmed. Aggrieved over the same, the petitioner has preferred the instant criminal revision case.

(3.) The case of the prosecution is that PW.1/Viji's daughter, namely; PW.2/Mariya Joseph Jenifer was studying Teacher Training in the Holy Cross Teacher Training College, Radhapuram, Tirunelveli District, in which the revision petitioner was a Correspondent. Due to her illness, P.W.2 was absent for a period of One week. On 19.04.2010 at about 11.10 a.m., P.W.I along with her daughter P.W.2 went to meet the revision petitioner who was in his cabin. At that time, the revision petitioner asked to produce a medical certificate and also demanded to pay remaining fees amount. Therefore, P.W. 1 requested to issue Transfer certificate of P.W.2. In this regard, a dispute arose between them. Subsequently, P.W.I and P.W.2 came out from the cabin of revision petitioner. Thereafter, the revision petitioner abused P.W.I by using filthy language and also criminally intimidated her. He assaulted P.W.1 's left hand, right cheek, back side and head and also made life threat to her. Based on a complaint given by P.W.I, a case in Crime No. 83 of 2010 for the offences under Sections 294(b), 323, 506(2) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, was registered by the Radhapuram Police station.