1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 18.02.2011 Coram: The Honourable Mr. Justice C.T.SELVAM Crl.RC.(MD).No.102 of 2011 Swaminathan .. Petitioner/A-2 vs. State represented by The Inspector of Police Gandarvakottai Police Station, Pudukkottai District. .. Respondent/Complainant (Crime No.360 of 2005) Criminal Revision Petition filed under Section 397 r/w 401 of Criminal Procedure Code to call for the records of the learned Judicial Magistrate, Pudukkottai in C.C.No.161 of 2008 dated 06.02.2010 and set aside judgment of benefit of doubt acquittal and Honorarily acquit the petitioner. For Petitioner : Mr.S.Deenadhayalan For Respondent : Mr.R.M.Anbunithi Govt. Advocate (crl. side) ORDER This Criminal Revision is preferred to call for the records of the learned Judicial Magistrate, Pudukkottai, in C.C.No.161 of 2008, dated 06.02.2010 and set aside the same and acquit the petitioner on honourable acquittal instead of acquittal on benefit of doubt. 2. The petitioner was the second accused in C.C.No.161 of 2008, on the file of the learned Judicial Magistrate, Pudukkottai, wherein four accused put up for trial stand acquitted under judgment dated 06.02.2010. All the accused were given the benefit of doubt. 3. The alleged occurrence was that on 04.11.2005 at about 11.00 a.m the petitioner herein and three others assaulted one Pappathi and vulgarly abused her. The accused were charged for offence under Sections 294(b), 323, 324 and 506(i) of IPC. On appreciation of the material before it, the lower Court has afforded the accused the benefit of doubt. The petitioner herein, who is now aged about 24 years and who fears prospects of employment and a poor future owing thereto seeks the relief afore stated. 4. Heard Mr.S.Deenadhayalan, the learned counsel appearing for the petitioner as well as Mr.R.M.Anbunithi, the learned Government Advocate (criminal side) appearing for the respondent. 5. The learned counsel for the petitioner states that unless the acquittal of the petitioner is an honourable one, the petitioner's future prospects in life would be severely impaired. In support of his contention, he 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 https://hcservices.ecourts.gov.in/hcservices/ 2 [CRL.R.C.No.289 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 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. 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 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. 6. 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 to the effect that the petitioner shall stand acquitted honourably. Sd/- Deputy Registrar(Accounts) /TRUE COPY/ Assistant Registrar To 1.The Judicial Magistrate, Pudukkottai. 2.The Inspector of Police, Gandarvakottai Police Station, Pudukkottai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to M/s.S.Deenadayalan, Advocate SR.No.9152 Crl.RC.(MD).No.102 of 2011 18.02.2011 srm PA/18.02.2011/2P/5C(IT) https://hcservices.ecourts.gov.in/hcservices/