PERIYASAMY Vs. STATE

JUDGEMENT

(1.) The appellant herein is the sole accused in S.C.No.89 of 2017 on the file of Fast Track Mahila Court at Dharmapuri. He was tried for the offence under Ss. 341, 323, 354, 376 IPC and Sec. 4 r/w 3 of Tamilnadu Prohibition of Harassment of Women Act, 1998 and found guilty of the charges and sentenced to undergo one year SI for the offence under Sec. 341 of IPC; and to undergo one year SI for the offence under Sec. 323 of IPC; and to undergo two years RI for the offence under Sec. 354 of IPC; and to undergo 10 years RI and to pay a fine of Rs.25,000.00 i/d to undergo one year RI for the offence under Sec. 376 of IPC; and to undergo three years RI and to pay fine of Rs.25,000.00 i/d to undergo Six months RI for the offence under Sec. 4 r/w 3 of Tamil Nadu Prohibition of Harassment of Women Act, 1998. The sentences was ordered to run concurrently. The period of sentence already undergone by the accused is set of under Sec. 428 of Cr.P.C. Aggrieved by the same, the present Criminal Appeal has been filed.

(2.) According to the prosecution, the victim a window, aged 38 years, working as Aaya in a School on 18/03/2017 at about 2.30 pm, while walking along the road near the house of Thurvasan, near Muniappan Koil Railway line, was restrained by the accussed and pulled her saree. He tied her hand behind using the saree and gagged her mouth. He pulled her down caused head injury. The accused thereafter dragged her to nearby bush, torn her blouse and molested her breast and bite. Tried to put his penis into her mouth. He put his fingers on her vagina and manipulated her private part. The victim resisted the sexual violence and pushed the accused away, when the accused attempted to penetrate, he ejaculated and spilled the sperms over the in skirt of the victim. The accused fled from the place in his two wheeler. The victim managed to help herself, with her hands tied behind and semi dressed, she reach her home and informed her relatives and villagers. They untied her hands and took her to the hospital for treatment. The victim was examined by the Doctor at the casualty and admitted her as inpatient. Thereafter, he was examined by a Gynaecologist. She was found to have sustained violent sexual attack like bite mark on our left breast and laceration on the private part.

(3.) On the intimation received from the hospital, the SubInspector of Police from Marahandi Police Station went to the hospital and recorded the statement of the victim. Based on the victim statement, case in Crime No: 60/2017 registered and taken up for investigation.