1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2010 CORAM: THE HONOURABLE MR.JUSTICE G.M.AKBAR ALI CRL.R.C.(MD)No.289 of 2010 Vijayakumar .. Petitioner/Accused No.3 Vs. State Rep.by The Inspector of Police, B10 Thilagar Thidal Police Station, Madurai,Madurai District. .. Respondent/Complainant PRAYER: Revision filed under Section 397 r/w 401 of the Code of Criminal Procedure, praying to call for the records of the orders passed in S.C.No.62 of 2002, on the file of the Additional District Court, Fast Track Court NO.I, Madurai, dated 18.10.2002 and expunge the remark of acquittal passed under benefit of doubt and modify it as honorary acquittal. For Appellant : Mr.G.Chandrasekar For Respondent : Mr.R.M.Anbunithi Govt. Advocate (Crl.side) JUDGMENT This Criminal Revision Petition is preferred against the order passed in S.C.No.62 of 2002, by the learned Additional District Judge, Fast Track Court No.I, Madurai, dated 18.10.2002, and expunge the remark of acquittal passed under benefit of doubt and modify it as honorary acquittal. 2.I have heard the learned counsel on either side and perused the materials available on record. 3.The petitioner herein was the third accused and the Lower Court was pleased to acquit the accused, since the prosecution witnesses turned hostile and there was no evidence at all against the accused. The petitioner has now moved the present Criminal Revision Petition with a prayer that the finding of the Lower Court and of the acquittal, flows from the reasoning that the prosecution has not proved its case and the finding should have been one of an 'honourable acquittal'. 3. The learned counsel for the petitioner, in support of his contention, has relied on an order of this Court dated 01.04.2008 made in Crl.RC.No.369 of 2008 wherein, a learned Single Judge has held as follows:- "The learned counsel would rely on the Judgment of this Court in Somasundaram Vs. The State Through the Inspector of Police, Melur Police Station, Madurai [CRL.R.C.No.269 of 2008, dated 28.02.2008], wherein in a similar case, the learned Single Judge of this Court, after referring to various Judgments of this https://hcservices.ecourts.gov.in/hcservices/ 2 Court as well as the Hon'ble Supreme Court has expunged the remarks. Further, the learned counsel for the petitioners brought to the notice of this Court that the petitioners seek public employment and if the said remark in the Judgment of the Lower Court is not expunged, that would carry a stigma and would be disqualification for them to seek employment. since the prosecution witnesses turned hostile and there was no evidence at all against the accused. The petitioner herein was the sixth accused The Principles stated in the above said Judgment are squarely applicable to the facts of this case. In view of the above position, in my considered opinion, the observation of the learned III Additional Sessions cum PCR Court, Madurai, that the acquittal is on the basis of benefit of doubt requires to be modified so as to record the acquittal as honourable. For all the reasons stated above, this Criminal Revision Petition is allowed and the finding of the Lower Court that the petitioners are acquitted on giving benefit of doubt is modified and the petitioners shall stand acquitted honourably. 4. Following the said Order of this Court, the present Criminal Revision Petition is allowed and the finding of the Lower Court that the petitioner is acquitted on the benefit of doubt is modified and the petitioner shall stand acquitted honourably. Sd/- Deputy Registrar(W) /TRUE COPY/ Assistant Registrar To 1.TheThe Inspector of Police, B10 Thilagar Thidal Police Station, Madurai,Madurai District. 2.The Additional District Judge, Fast Track Court NO.I, Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.G.Chandrasekar, Advocate Sr.No.16013 CRL.R.C.(MD)No.289 of 2010 21/04/2010 MPK PA/03.05.2010/2P/5C https://hcservices.ecourts.gov.in/hcservices/