{"id":43081,"date":"2011-02-14T00:00:00","date_gmt":"2011-02-13T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/allimuthu-vs-state-through-inspector-of-police-on-14-february-2011"},"modified":"2017-12-08T13:50:11","modified_gmt":"2017-12-08T08:20:11","slug":"allimuthu-vs-state-through-inspector-of-police-on-14-february-2011","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/allimuthu-vs-state-through-inspector-of-police-on-14-february-2011","title":{"rendered":"Allimuthu vs State Through Inspector Of Police on 14 February, 2011"},"content":{"rendered":"
Madras High Court<\/div>\n
Allimuthu vs State Through Inspector Of Police on 14 February, 2011<\/div>\n
       \n\n  \n\n  \n\n \n \n IN THE HIGH COURT OF JUDICATURE AT MADRAS\n\nDATED :   14.2.2011\n\nCoram\n     \nThe Hon'ble Mr. Justice A.ARUMUGHASWAMY \n\nCriminal Appeal  No.386 of 2004 \n\nAllimuthu\t\t\t\t\t\t... Appellant\n\n Vs.\n\nState through Inspector of Police\nSivakanji Police Station\nKanchipuram  District\t\t\t... Respondent\n\n\n\tCriminal Appeal filed under Section  374 of Cr.P.C.  against  the judgment of the Additional Sessions Judge, (Fast  Track Court ), Kanchipuram in S.C.No.87 of 2002 dated 10.12.2002. \n\t\t For Appellant:-Mr.V.Murugesan \n                  For Respondent:-Mr.N.Kumanan                                                               \t\t\t\t\t    Govt.Advocate (Crl. Side)  \nJUDGMENT\n<\/pre>\n
\tThe   appellant\/accused stands convicted  for the offence under Sections 363 and 376 (1) IPC  and  sentenced to undergo  rigorous imprisonment for  seven years   for each of the offences  and the said sentence were ordered to run concurrently   by the  judgment of the learned Additional District and Sessions  Judge, Kanchipuram  in S.C.No.87 of 2002 dated 10.12.2002.  Challenging the said conviction and sentence,  the appellant has  come forward with the present appeal.  Before the trial court, there were  two  accused and they were tried together.  As against the  judgment of the trial court, A1 has preferred this appeal. A2 one Dharanidurai  has preferred appeal in Crl.A.No.126 of 2004. Since A2 is  reported to be dead, the  appeal preferred by him was dismissed as abated.\n<\/p>\n
\t 2. The brief facts necessary for disposal of this appeal are as follows :-\n<\/p>\n
   A1 and A2 are   friends. P.W.6 the victim girl  and  the accused are residents of the same village  and they belong to different community.  P.W.6 was working in the S.T.D.Booth.  Both the accused used to come to the S.T.D booth.  While so, on the date of occurrence   also, the accused 1 and 2 came to the S.T.D.Booth  and the first  acused gave chocolate  to her in view of his birthday. After tasting the chocolate P.W.6 felt giddiness. A1 enticed P.W.6 victim and both i.e.  A1 and A2 took her from the STD Booth. They all travelled in the bus.  Even during their journey,   A2  put the knife on her and she was put under continuous threat of the accused who  took P.W.6 to  Old Seevaram Perumal
\ntemple where  A1 tied thali forcibly on P.W.6.  Thereafter, A2 left the place. The accused and the victim were away from their home village for a month.  One day,  the  accused  took P.W.6 to the theatre. While they were watching the film the accused was  arrested and taken to the police station. In this regard P.W.1 father gave complaint  which has been received and registered by P.W.7.  Thereafter, the accused was sent to P.W.2 Government Doctor for clinical examination . P.W.2 Doctor examined  the accused.  P.W.3 is the mother of the girl and wife of P.W.1. P.W. 4 is the friend of P.W.6. P.W.5 is the brother of P.W.6.  P.W.8 is the Doctor  who examined the girl and issued the certificate. P.W.9 the investigating officer has investigated the case and laid the charge sheet  for the offence under Sections 366, 366 read with 34 and 376 (1) IPC.\n<\/p>\n
\t3. Before the trial court  on the side of the prosecution P.Ws.1 to 9  were examined, Exs.P1 to P8 were filed and    M.Os. 1  and 2 were  marked. On the side of the defence Exs.D1 and D2 were filed.\n<\/p>\n
\t4. When the accused was questioned under Section 313 Cr.P.C. in respect   of the incriminating  materials appearing against him through the evidence adduced by the prosecution, the accused denied his complicity.  After due enquiry,  the trial court  convicted the accused  and awarded sentence as stated above against which the present  appeal has been filed .\n<\/p>\n
\t5.  The learned counsel appearing for the appellant ontended that there is an inordinate delay in preferring  the complaint and  further the victim girl who was working in the STD Booth went  with the  accused out of her own willingness.  Hence he prayed that the appeal has to be allowed.\n<\/p>\n
\t6. Per contra, the learned Government Advocate  (Criminal Side) contended that   even though she is  going for work in the STD Booth, out of compulsion only she went along with the accused, who forcibly tied  thali on her.  Hence the offence under Sections 363 and 376 (1) have been made out against the accused.  Hence he prayed that the appeal  should be dismissed.\n<\/p>\n
\t7. In his evidence, P.W.1 who is the  father of the victim would state  that  when P.W.6  was working in the STD booth, she  was found to be missing and  he gave complaint to the police.  Thereafter, he  came to know that  the accused only had kidnaped P.W.6 his daughter and again  he gave another complaint against the accused.  P.W.1 would further state that fifteen days after the  receipt of the said complaint, the police arrested  the accused and rescued the girl.   Ex.P1 is the complaint.  As per the complaint,  even  on  13.12.2000   the girl was reported to be missing  and the girl was rescued on 18.1.2001. From  the evidence of P.W.8 Doctor it is seen that  the Doctor has determined the age of the victim  as below 17 years. The fact that she is working in STD Booth is not in dispute.    From the evidence of P.W.1  it is seen that she has completed 10 standard two years prior to the occurrence.  Therefore, the age of the victim  girl must be more than 16 years.\n<\/p>\n
\t8. P.W.6 is the victim girl . She herself stated that  she was under threat and  she  had been  kidnapped by A1. On reading of the entire evidence,   it is  clear that  she herself went along with the accused,  which fact has been proved.  Incidentally, in her  cross examination,  she would state that when they travelled in the bus,   A2  was showing knife and she was under continuous threat of the accused.   Subsequently, during cross examination  she  would state  that after  tieing  thali in the Temple, A2  went to his house from the temple. Thereafter,   both of them went to the house of A1’s relative.  On the side of the accused, Ex.D2 letter has been marked.  From the reading of Ex.D2,  letter it is seen that even after her  rescue  she had some impression on the accused.  P.W.6 in her evidence would state that she  wrote the  letter out of compulsion.  It is nothing but an inland letter which carries the date of the posting of the letter. While reading the letter it is seen that they had been  roaming for more than 40 days.  Therefore I am of the view that  it has been proved that P.W.6 went voluntarily along with the accused.   There is no question of   enticement or kidnapping of P.W.6  and the same has not been made out.  The trial court has failed to consider the evidence of P.W.6 and P.W.1 on its entirety.   For the foregoing reasons,  I am of the view that the offence against the accused  has not been made out and the judgment of the trial court is liable to be set aside.\n<\/p>\n
\t9. In the result, the conviction and sentence imposed upon the appellant by the trial court is set aside and the appellant is acquitted.  The fine amount,  if any,   has been  paid the same is ordered to be returned to the appellant.   The bail bonds shall stand cancelled.  Thus, the appeal is allowed.\n<\/p>\n
Krr\/<\/p>\n
To<\/p>\n
1. Additional Sessions Judge,
\n(Fast Track Court III)
\nKancheepuram.\n<\/p>\n
2. The Public Prosecutor
\nHigh Court<\/p>\n","protected":false},"excerpt":{"rendered":"
Madras High Court Allimuthu vs State Through Inspector Of Police on 14 February, 2011 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.2.2011 Coram The Hon’ble Mr. Justice A.ARUMUGHASWAMY Criminal Appeal No.386 of 2004 Allimuthu … Appellant Vs. State through Inspector of Police Sivakanji Police Station Kanchipuram District … Respondent Criminal Appeal filed […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-43081","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"\nAllimuthu vs State Through Inspector Of Police on 14 February, 2011 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/allimuthu-vs-state-through-inspector-of-police-on-14-february-2011\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Allimuthu vs State Through Inspector Of Police on 14 February, 2011 - 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