V. GIRI Vs. STATE
LAWS(MAD)-2020-12-511
HIGH COURT OF MADRAS
Decided on December 23,2020

V. Giri Appellant
VERSUS
STATE Respondents

JUDGEMENT

M.Nirmal Kumar,J. - (1.) The petitioner herein is accused in C.C.No.302 of 2018, on the file of the Judicial Magistrate No.1, Chengalpattu, was convicted by the judgment dated 06.04.2017 for the offence under Section 279, 338 and 304 (A) IPC of the Protection of Children from Sexual Offence Act, 2012. For the offence under Section 279 IPC, the petitioner was sentenced to undergo 6 months Rigorous Imprisonment and imposed with a fine of Rs.1,000/- and in default to undergo another one week Simple Imprisonment. For the offence under Section 338 IPC the petitioner was sentenced to undergo Two years Rigorous Imprisonment and to pay a fine of Rs.1,000/- and in default to undergo one week Simple Imprisonment. For the offence under Section 304 (A) IPC, the petitioner was sentenced to undergo Two years Rigorous Imprisonment and to pay a fine of Rs.2,000/- in default to undergo one week Simple Imprisonment and further ordered to run the sentence concurrently. Against which the petitioner filed an appeal in C.A.No.40 of 2017 before the Principal Sessions Judge, Kancheepuram at Chengalpattu. The Principal Sessions Judge, Kancheepuram, Chengalpattu by its judgment dated 21.02.2020, dismissed the same confirming the judgment dated 06.04.2017 made in C.C.No.302 of 2018, on the file of the Judicial Magistrate No.1, Chengalpattu. Aggrieved over the same, the present Criminal Revision filed along with a petition for suspension of sentence.
(2.) The learned counsel for the petitioner as well as the learned Government Advocate (Crl.Side) for the respondent agreed for the revision to be taken up for the final hearing. Hence the Revision itself taken up for final disposal.
(3.) The case of the prosecution is that the petitioner is a driver in the State Transport Corporation. On 01.06.2011, between 12.30 a.m. to 01.00 a.m., the petitioner was driving the bus bearing No. TN 25 N 0056 which was proceeding from Chennai to Thiruvannamalai. While the bus was passing near Mamandur bus stop near Chengalpattu, attempted to overtake a lorry bearing No. TN.41 J 1266 which was coming from Orissa to Pollachi and dashed on the rear right side of the lorry and stopped the vehicle near the centre median. P.W.1, driver of the lorry got down and found that the left side of the bus got damaged. The conductor of the bus died on the spot. P.W.2, Mohan sustained injuries on his left hand and left leg and some more passenger sustained injuries. Thereafter the injured and the deceased were taken to Government Hospital, Chengalpattu. P.W.2 is the one of the injured passenger who travelled in the bus. P.W.6 is the Sub-Inspector of Police, who registered a case in Crime No.299 of 2011 for the offence under Sections 279, 337 and 304 (A) IPC and the complaint has been marked as Ex.P1. F.I.R. is marked as Ex.P3. Thereafter, P.W.6 visited the scene of occurrence, prepared observation mahazar and rough sketch/Ex.P4 and Ex.P5. P.W.7, Inspector of Police took up the investigation, visited the scene of occurrence, examined the witness viz., Motor Vehicle Inspector, Govindasamy produced the reports/Ex.P7 and Ex.P8. Ex.P7 is the Motor Vehicle report for the lorry and Ex.P8 is the Motor Vehicle report for the bus. Further he examined one Manoharan, Controller from the State Transport Crporation and marked Ex.P9/duty certificate. P.W.8, Investigating Officer took up further investigation, examined one Vimala/Doctor who treated P.W.2 and produced Accident Register/Ex.P10. The wound certificate issued from S.V.Hospital Ambattur were marked as Ex.P11 and Ex.P12. From the wound certificate, it is seen that P.W.2 sustained grievous injury. Hence, Section altered to offences under Section 279, 338, 304 IPC and filed alteration report/Ex.P13 and charge sheet.;


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