MARIA DAVID RAJ Vs. STATE

JUDGEMENT

(1.) This Memorandum of Criminal Appeal has been directed against the judgment dated 31.08.2012 and made in S.C.No.79 of 2010 on the file of the learned Principal Sessions Judge, Kanyakumari Sessions Division, at Nagercoil convicting and sentencing the appellant to undergo three months of rigorous imprisonment for the offence under Section 294 (b) of IPC and seven years of rigorous imprisonment (two counts) and to pay a fine of Rs.1,000/- for each count and in default, to undergo two years of SI for each count for the offence under Section 506(ii) of IPC and life imprisonment and to pay a fine of Rs.2,000/- for the offence under Section 302 of IPC in default to undergo simple imprisonment for four years.

(2.) PW.14 the Inspector of Police attached to Karungal Police Station, Kanyakumari District has laid a final report against the appellant / accused alleging that he had committed the offences punishable under Section 4 of Prohibition of Women Harassment (Amended Act) 2002 and under Sections 294(b), 506(ii) (2 counts) and 302 of IPC.

(3.) The learned Principal Session Judge at Kanyakumari Session Division, Nagercoil has framed four charges. In so far as the first charge under Section 4 of Prohibition of Women Harassment (Amended) Act 2002 is concerned, the appellant / accused has been acquitted as the prosecuting agency has not established the motive theory and in so far as the other three charges are concerned, the appellant was found guilty and convicted and sentenced as afore stated.