POOMALAI Vs. STATE

JUDGEMENT

(1.) This revision petition is preferred to set aside the order dated 15.2.2019, passed by the learned Prl. District & Sessions Judge, Virudhunagar District @ Srivilliputtur, in Crl. A. No.169 of 2012 confirming the judgment dated 27.9.2012, passed by the learned Judicial Magistrate, Rajapalayam in C.C. No.353/2006.

(2.) The accused was charged and tried before the learned Judicial Magistrate, Rajapalayam, u/s 448 and 354 IPC on the allegation that he trespassed into the house of the complainant at about 0200 hours on the midnight of 27.12.2005 and outraged the modesty of the complainant and when the complainant raised alarm, the petitioner/accused fled away from the scene of occurrence.

(3.) P.W.1 is the complainant, P.W.2 is the sister-in-law of P.W.1 and P.W.4 is the husband of P.W.1. P.W.3 is a relative of P.W.s 1, 2 and 4. Since P.W.4 was herding goats, it is his customary practice to keep the door open during night and sleep. On the day of occurrence, while P.W.4 was sleeping outside, P.W.2, 3 and other family members, including P.W.1 and her three children was sleeping inside. As P.W.1 felt some material disturbance on her person to the extent of outraging her modesty, she raised alarm and the mother-in-law of P.W.1 woke up and switched on the light and saw the accused and when the accused tried to escape by pushing P.W.3, who tried to overpower him, P.W.4 caught hold of the accused and tied him to a tree and after discussion with the elders in the village, P.W.1, accompanied by P.W.4, went to the Rajapalayam South Police Station and lodged the complaint, Ex.P-1, in and by which the criminal machinery was set in motion.