SANDEEP SHARMA Vs. STATE

JUDGEMENT

(1.) The petitioner/accused was convicted by the learned XVI Metropolitan Magistrate, George Town, Chennai in C.C.No.3081 of 2014 by judgment dtd. 13/2/2020 and sentenced to undergo one month simple imprisonment and to pay a fine of Rs.10,000.00, in default to undergo one month simple imprisonment for the offence under Sec. 4 of Tamil Nadu Prohibition of Women Harassment Act. Aggrieved against the same, the petitioner preferred an appeal before the Sessions Court in C.A.No.55 of 2020. The learned Principal Sessions Judge, Chennai dismissed the appeal by judgment dtd. 3/9/2021 confirming the conviction and sentence of the Trial Court. Against which, the present revision is filed.

(2.) The case against the petitioner is that the defacto complainant/P.W.1 lodged a complaint stating that on 28/3/2014 she travelled in Tamil Nadu Express from Chennai to New Delhi to attend a examination in AIIMS at New Delhi, she purchased an open ticket [Ticket No.492449803] and was searching for a vacant seat in the reserved compartment. Thereafter, she approached the Travelling Ticket Examiner [TTE], the petitioner/accused herein for accommodation, who advised her to get into Coach No.S9 and the train started at 10.00 p.m. After finishing his ticket checking work, the petitioner directed the defacto complainant to wait at Berth No.10 in Coach No.S8 and later she was asked to sit in berth No.32. When the defacto complainant shifted her luggage to berth No.32, the petitioner/accused called the defacto complainant in her Mobile No.9543006787 from his mobile No.8008745285 on the pretext of allotting a berth. When the defacto complainant went to brush her teeth and wash her face, the petitioner approached her in plain clothes with yellow t-shirt, introduced himself by his name and he is a Swimming Champion aged about 22 years. When the defacto complainant asked for the additional charges to be paid, the petitioner called her to come near the toilet, forced her to the toilet, he shut her mouth in one hand, pulled her inside with another hand and attempted to embrace her and zipped out his private parts. The defacto complainant punched him on his face and shouted at him, the co-passenger Rajaram, a retired Police Officer who was travelling along with his wife and daughter enquired the defacto complainant, she informed the harassment but not the full story. There were other two passengers, namely, Ganesh and Prasanna from Tamil Nadu Police, became suspicious on the frequent visit of TTE near the defacto complainant's seat and chatting with her. Later, the petitioner alighted at Vijayawada Station and thereafter, the train proceeded to Delhi. The defacto complainant stayed with the said Rajaram and his family at Delhi, attended the examination and later returned to Chennai on 2/4/2014 and left to her native at Arupukkottai on the same day. The defacto complainant informed to her senior about the incident, who advised her to lodge a complaint and thereafter, the above complaint lodged.

(3.) During trial, P.W.1 to P.W.3 examined, Ex.P1, Ex.P2, Ex.C1 and Ex.C2 marked. The trial Court on conclusion of trial found the petitioner guilty and convicted him as stated above. The Lower Appellate Court confirmed the conviction and sentence imposed by the Trial Court.