1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 25.02.2011 Coram: The Honourable Mr. Justice C.T.SELVAM Crl.RC.(MD)No.144 of 2011 Sathiskumar .. Petitioner/Accused No.1 vs. State represented by 1.The Deputy Superintendent of Police, Oomatchikulam Sub-Division, Madurai District. 2.The Sub-Inspector of Police, Karuppaiyoorani Police Station, Madurai District. .. Respondents Prayer: Criminal Revision Petition filed under Section 397 r/w 401 of Criminal Procedure Code to call for the records in Special Sessions Case No.91/2009 on the file of the learned 3rd Additional District Judge (PCR) Madurai (Full Additional Charge) order dated 04.02.2011 and expunge the remark of acquittal passed under benefit of doubt and modify it as Honorary acquittal. For Petitioner : Mr.R.Udhaya Kumar For Respondents : Mr.R.M.Anbunithi, Government Advocate(Crl.Side) O R D E R This Criminal Revision is preferred to call for the records in Special Sessions Case No.91 of 2009, dated 04.02.2011, on the file of the learned III Additional District Judge(PCR), Madurai(Full Additional Charge) and expunge the remarks of acquittal of benefit of doubt as Honorary acquittal for the petitioner. 2. The petitioner was the first accused in Special Sessions Case No.91 of 2009, on the file of the learned III Additional District Judge (PCR), Madurai(Full Additional Charge), wherein three accused put up for trial stand acquitted under judgment dated 04.02.2011. All the accused were given the benefit of doubt. 3. The alleged occurrence was that when P.W.1 and P.W.2 were walking on the road, A.1 to A.3 came in a two wheeler and obstructed their pathway and when the witnesses claimed, the accused, due to prior motive with regard to the dispute in the temple criminally threatened the witness by scolding the witnesses' caste and also show the aruval and caused simple injuries to the witnesses. The accused were charged for offence under Sections 341, 307 r/w 3(2)(V) of SC/ST(PA) Act and under Section 324 I.P.C. along with 3(1)(x) of SC/ST(PA)Act. On appreciation of the material before it, the lower Court has afforded the accused the benefit of doubt. The petitioner herein, who fears prospects of employment and a poor future owing thereto seeks the relief afore stated. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Heard Mr.R.Udhayakumar, 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 the petitioner herein was selected as Grade-II Police Constable for the year 2010. He further states that if the petitioner is acquitted on the honorary acquittal, the petitioner is entitled to join any uniform services. 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 [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 https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Third Additional District Judge (PCR), Madurai (Full Additional Charge). 2. -DO- THRO The Principal District Judge, Madurai. 3. The Deputy Superintendent of Police, Oomatchikulam Sub-Division, Madurai District. 4. The Sub Inspector of Police, Karuppaiyoorani Police Station, Madurai District. 5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ssl SR : 02.03.2011 : 3p/6c Crl.RC.(MD)No.144 of 2011 25.02.2011 https://hcservices.ecourts.gov.in/hcservices/