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Showing contexts for: section 506 (ii) indian penal code in S.Govindaraj vs State Represented By on 6 January, 2026Matching Fragments
2.2 On the complaint (Ex.P1) dated 03.04.2017 given by “X” (PW1), the respondent/police registered a case in Crime No.3 of 2017 for the offences under Sections 376, 506(II) IPC and Sections 4 and 8 of the Protection of Children from Sexual Offences Act, 2012 (for brevity “the Act”).
2.3 After completing the investigation and based on the evidence collected, the respondent/police filed the chart sheet against the appellant for the offences under Sections 417 and 506(II) IPC and Section 6 r/w 5(j)(ii) of the POCSO Act before the Fast Track Mahila Court, (Sessions Court), Vellore District and the same was taken on file in S.C.No.66 of 2017, for trial.
5. Heard the learned counsel on both sides and perused the records.
6. The specific case of the prosecution is that on 09.10.2016 around 10.00 a.m. the appellant had committed forcible penetrative sexual assault on “X” (PW1), due to which, she got pregnant and on the fifth month of her pregnancy, since she developed pain, she was taken to the hospital. On clinical test, the doctor found that “X” (PW1) was pregnant and therefore, the complaint (Ex.P1) has been lodged against the appellant. The https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/01/2026 12:28:23 pm ) case was initially registered for the offences under Sections 376 and 506(I) IPC and Sections 4 and 8 of the POCSO Act and subsequently, during investigation the case was altered to one under Sections 363, 366, 3769i), 417 and 506(II) IPC and Sections 4 of the POCSO Act. After receiving DNA test report (Ex.P14), again the case was altered to one Sections 366 and 506(II) IPC and Section 4 of the POCSO Act. Subsequently, after completing the investigation, the prosecution found that “X” (PW1) was only aged about 15 years at the time of occurrence and since “X” (PW1) also got pregnant, the charges were again altered to one under Section 5(j)
13. As far as the charge under Section 506(II) IPC is concerned, “X” (PW1) came to know that she became pregnant after medical https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/01/2026 12:28:23 pm ) examination and when she informed the same to the appellant, he intimidated her by threatening her with death and therefore, this Court finds that the appellant has committed an offence under Section 506(II) IPC.
14. In the result:
i. This criminal appeal is partly allowed;
ii. The appellant is acquitted of the offence under Section 366 IPC;
iii. The conviction and sentence imposed on the appellant for the offences under Section 506(II) IPC and Section 5(j)(ii) r/w 6 of the POCSO Act, are confirmed; and iv. The trial Court is directed to secure the custody of the appellant/accused and send him to prison to undergo the remaining period of sentence.