P GOVINDAN Vs. STATE

JUDGEMENT

(1.) THIS Criminal Revision case is directed against the judgment of the learned Principal Sessions Judge, villupuram (Lower Appellate Judge) dated 16. 12. 2005 made in C. A. No. 39/2005 confirming the conviction recorded and sentence passed by the trial Court (Chief judicial Magistrate/assistant Sessions Judge, villupuram) for an offence punishable under Section 417 IPC in S. C. No. 64/2003.

(2.) THE petitioner herein was prosecuted before the trial Court (Court of Chief judicial Magistrate/assistant Sessions Judge), villupuram for alleged offences punishable under Sections 366, 417 and 376 IPC. After trial, the learned Assistant Sessions judge, Villupuram acquitted the petitioner herein/accused in respect of the third charge, namely the charge for an offence punishable under Section 376 IPC. However, the trial Judge held him guilty of the other two offences (offences punishable under Section 366 IPC and 417 IPC) and sentenced him as follows:

(3.) AS against the said judgment of conviction and sentence for the offences punishable under Section 366 IPC and 417 IPC, the Revision Petitioner (accused) preferred an appeal on the file of the Principal sessions Judge, Villupuram under Section 374 (3) of Criminal Procedure Code. The learned Principal Sessions Judge (Lower appellate Judge), after hearing, came to the conclusion that the conviction for the offence punishable under Section 366 IPC could not be sustained and accordingly reversed the judgment of the trial Court for the said offence, set aside the conviction and sentence and acquitted the revision petitioner herein/ accused in respect of the said offence also. However, the learned Principal Sessions judge, Villupuram concurred with the trial court regarding the charge for the offence under Section 417 and confirmed the conviction and sentence thereof.