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This Criminal Appeal arises out of the judgment of conviction and sentence dated 17.04.2007 made in S.C.No.371 of 2005 on the file of the Mahila Court (Additional District Sessions Judge, FTC-II), Salem, whereby the m accused 1 and 2/the appellants herein was convicted and sentenced as follows:

offence under Section Sentence 376 IPC A1 to undergo ten years rigorous imprisonment and to pay a fine of Rs.1,000/- in default in payment to undergo three months simple imprisonment.

417 IPC A1 to undergo one year rigorous imprisonment and to pay a fine of Rs.200/- in default in payment to undergo fifteen days simple imprisonment.

3.Though the case of the prosecution is that the first accused has given false promise to marry P.W.1 and had sexual intercourse, P.W.1 is aged about 22 years and she is competent to give consent. So, the Trial Court has failed to consider this aspect.

4.If at all, the first accused was convicted under Section 417 IPC, already he is in prison for seven months but the maximum punishment under Section 417 IPC is one year. Further, the first accused is also ready to pay compensation to P.W.1.

5.In respect of conviction under Section 506(ii) IPC, it is submitted that there is no criminal intimidation.

14.Now, this Court has to decide whether the offence under Section 417 IPC has been made out? The evidence of P.W.1 to P.W.3 has clearly proved that the first appellant herein has given false promise to marry P.W.1 and had sexual intercourse with her. Subsequently, he refused to marry her and without the consent of his mother/A3, A1 married another girl, namely, Sampoorani, which shows that he fraudulently and dishonestly induced P.W.1 to submit herself for sexual intercourse. Hence, I am of the view that the Trial Court has rightly held that the first appellant is guilty under Section 417 IPC. Considering the attitude of the first appellant, the conviction and sentence imposed by the Trial Court against the first accused under Section 417 IPC is hereby confirmed.

19.As stated supra, the conviction and sentence imposed by the Trial Court under Sections 376 IPC and 506(ii) is hereby set aside and the conviction and sentence imposed by the Trial Court under Sections 417 and 313 IPC is hereby confirmed.

20.In fine,

(i)The Criminal Appeal is Partly Allowed.

(ii)Judgment of conviction and sentence passed by the Trial Court against the first accused/first appellant under Sections 417 and 313 IPC is hereby confirmed.

(iii)Judgment of conviction and sentence passed by the trial Court against the first accused/first appellant under Section 376 IPC is hereby set aside.