CHANDRA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition coming on for hearing on Friday, the twentieth day of September, 1991, upon perusing the petition, and the Order of the Lower Courts and the record in the case, and upon hearing the arguments of Mr. M. Karpagavinayagam, advocate for the Petitioner, and of Me. KS. Ahmed, the Public Prosecutor for Pondicherry on behalf of the State, and the case having stood over for consideration till this day, the court made the following order: The complaint in un-numbered C.C. of 1987, on the file of Judicial First Class Magistrate, Pondicherry, has filed this revision petition under Sections 397 and 401, Criminal Procedure Code, praying to set aside the order in the above unnumbered C.C. of 1987 dismissing the complaint under Section 203, Criminal Procedure. Code.

(2.) The Complainant has filed private complaint against five accused out of whom accused No.1 is Sub- Inspector and other accused are police constables of Orleanpet Police Station. The allegations in it are briefly as follows: On 19/8/1987, at 8.45 A.M. when the complainants daughter Aranganayagi was on her way to school, she was way laid and attacked by Kuppu and others, who were instigated by the accused, who in turn were instigated to do so by the complainants husbands rivals and political bosses. The complainants husband had lodged complaint against the predecessor- in-officer of the first accused. The above incident was reported to the police. On 19/8/1987, when her husband came for lunch, Chinnaya Gounder and others trespassed into the house and assaulted the complainants daughter Sathyavadhi, damaged the cycle and ran away. Sathyavadhi went to the police station and reported the matter.

(3.) On 19/8/1987, at about 4.00 P.M., the accused entered into the house and ordered the complainant to go out or the house. The complainant protested. The first accused misbehaved the complainant. He began to tear her blouse and pushed her out of the house. He pulled her saree. By then her son returned from the school. The first accused beat him with lathy. He sustained injuries and fainted. The complainant pleaded with the accused not to torture them, and pleaded that she would herself appear in the police station. The Sub-Inspector hit the complainant on her neck and mercilessly beat her. He uttered endearing words and misbehaved with her, outraging her modesty. On the command of the first accused, the other accused showered blows on her son with the result he become unconscious. They dragged him and threw him into the jeep. They dragged the complainant out of the house. The complainant was lifted and was thrown violently into the jeep. They were taken to the police station and then lo the residence of the Magistrate. They were not produced before the Magistrate. Later they were put into jail. He enquired whether their injuries were attended and whether they were produced before the Magistrate. On the next day, they were released on ball. The accused had outraged her modesty. They arc liable to be punished for offences under Sections 323, 324, 354, 451, 452 read with 34, Indian Penal Code.