SEKAR REPORTER

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498(A) IPC by the trial Court. Hence, the conviction of sentence of the petitioner for offence under Section 498(A) IPC is confirmed. Considering the age of the appellant who is now 80 years of age, this Court is inclined to modify the sentence of imprisonment

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[6/9, 19:20] Sekarreporter 1: https://twitter.com/sekarreporter1/status/1270352606557122560?s=08
[6/9, 19:21] Sekarreporter 1: and 4
of the Tamil Nadu Prohibition of Harassment of Women Act.
PRAYER in Crl.A.No.192 of 2012 of 2010: Criminal Appeal is filed under
Section 378 of the Code of Criminal Procedure, to allow this appeal and set
aside the judgment of acquittal of the respondent/accused [A1 and A2] in sofar
as the charges under Section 4 of Dowry Prohibition Act, 498(A), 406 IPC and
Section 3 and 4 of the Tamil Nadu Women Harassment Act are concerned,
passed by the Judicial Magistrate Court No.IV, Salem in C.C.No.98 of 2010,
dated 22.06.2020.
Crl.R.C.No.1264 of 2010
For Petitioner : Mr.V.Gopinath, Senior Counsel for
Mr.L.Mahendran
For Respondent : Mr.S.Karthikeyan, APP
Crl.A.No.192 of 2012
For Appellant : Mr.S.Karthikeyan, APP
For Respondents : Mr.V.Gopinath, Senior Counsel for
Mr.L.Mahendran

COMMON JUDGMENT
The complainant/state preferred Crl.A.No.192 of 2012 against the
judgment of acquittal in C.C.No.98 of 2010 rendered by the learned Judicial
Magistrate No.IV, Salem, dated 22.06.2010.
Page 2 of 26
[6/9, 19:21] Sekarreporter 1: Crl.R.C.No.1264 of 2010 and Crl.A.No.192 of 2012
—
(a) any wilful conduct which is of such a nature as is
likely to drive the woman to commit suicide or to cause grave
injury or danger to life, limb or health (whether mental or
physical) of the woman; or
(b) harassment of the woman where such harassment is
with a view to coercing her or any person related to her to meet
any unlawful demand for any property or valuable security or is
on account of failure by her or any person related to her to meet
such demand.”
15.Thus, Section 498(A) encompass cruelty both mental and physical.
Thus having regard to circumstance of the case, this Court finds no reason to
interfere with the finding of the lower appellate Court, confirming the
conviction of the petitioner under Section 498(A) IPC by the trial Court.
Hence, the conviction of sentence of the petitioner for offence under Section
498(A) IPC is confirmed. Considering the age of the appellant who is now 80
years of age, this Court is inclined to modify the sentence of imprisonment
i.e., from three years to that of one year for offence under Section 498(A) of
IPC. With the above modification, this Criminal Revision is partly-allowed.
Page 24 of 26

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