KAYAR NISHA Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal challenges the judgment dtd. 21/7/2016 in S.C.No.28 of 2012 on the record of the learned Sessions Judge, Magalir Neethimandram (Mahila Court), Coimbatore. By the judgment, both appellants were found guilty of an offence punishable under Sec. 305 of the Indian Penal Code and were sentenced to three years of rigorous imprisonment, a fine of Rs.2,000.00 each, and in default, to three months of simple imprisonment.

(2.) The brief facts leading to the filing of this appeal are that on 18/8/2011, at about 14:00 hours, upon receiving information from the C.M.C.H. Hospital, P.W.12, Mahalingam, who is the Special Sub-Inspector of Police at Kuniamuthur Police Station, proceeded to the hospital where the victim in this case, a minor girl about 15 years old at that time and studying in X standard, gave a statement indicating that she resides at a specific address with her parents and younger brother, who is studying in VII standard. She stated that she fell in love with Saddam Hussain, aged about 19 years, who is a neighbour. The affair became known to Saddam Hussain's relatives. His parents admonished him for his actions, but he was determined to continue the relationship and marry the victim.

(3.) At that point, the parents of the said Saddam Hussain also agreed to marry the victim to him. Three months later, the parents of the said Sadam Hussain also visited the victim's house, and arrangements for the marriage between the victim and Sadam Hussain were being made. Under these circumstances, the appellants/accused, who are the aunts of Saddam Hussain, disliked the marriage plans. On 18/8/2011, at about 9:00 A.M, when the victim's mother had gone out, they came to the doorstep of the victim's house and shouted at her about her relationship with Saddam Hussain. They verbally abused her with sexually coloured remarks, threatened her about the relationship, and specifically scolded her, saying that she should commit suicide.