PERIAYASAMY Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Totally there are four accused in C.C. No.7555 of 2010 on the file of the IV Metropolitan Magistrate, Saidapet, Chennai and the petitioner is A4. The petitioner /A4 stood charged for the offences under Sections 4(1), 5(1) of Immoral Traffic Prohibition (ITP) Act. The trial court, found the petitioner guilty on both the charges, and by judgment dated 29.03.2012, convicted the petitioner and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.1000.00, in default to undergo rigorous imprisonment for 3 months for the offence under Sec. 4(1) of ITP Act, and sentenced him to undergo rigorous imprisonment for 3 years and to pay a fine of Rs.2000.00, in default, to undergo rigorous imprisonment for 3 months for the offence under Sec. 5(1) ITP Act. Challenging the above said conviction and sentence, the petitioner/A4 preferred an appeal in C.A.No.75 of 2012 on the file of the IV Additional Sessions Court, Chennai and the lower appellate court confirmed the conviction and sentence and dismissed the appeal. Aggrieved by the same, the petitioner is before this court with this revision.

(2.) The case of the prosecution, in brief, is as follows:-

(3.) P.W.15, Deputy Superintendent of Police, CBCID, on receipt of the First Information Report, commenced investigation and proceeded to the scene of occurrence, recorded the statements of the witnesses and sent P.Ws.9 and 11 for medical examination. P.W.15 also recorded the statements of the doctors who examined P.Ws.9 and 11. After completion of investigation, he laid final report for the offences under Sections 4(1)5(1)(d) and 72 of ITP Act.