2016 Supreme(Mad) 3886
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Nagamuthu and V. Bharathidasan, JJ.
Prabhu and others – Appellants
Versus
State Rep. by The Inspector of Police, J.J. Nagar Police Station, Chennai – Respondent
Criminal Appeal No. 296 of 2015
Decided On : 31-08-2016
For the Appellant :Mr. N.R. Elango, Senior Counsel for Mr. R. Vivekananthan, Advocate.
For the Respondent: Mr. S. Shanmugavelayutham, State Public Prosecutor Assisted and M. Maharaja, Addl. Public Prosecutor.
Headnote:
Indian Penal Code, 1860 - Section 506(ii), Section 363, Section 365, Section 364-A, Section 386, Section 465 - Car was proceeding on the Ambattur-Thirumangalam Road. When the car was reaching a road junction, A1 and A2 directed P.W.1 to turn the car towards the branch road. They again directed P.W.1 to stop the car. As soon as the car was stopped, A1 opened the front right side door of the car, pushed P.W.1 down aside from the drivers seat and drove the car in a high speed along with P.W.2. P.W.1 was thus pushed down from the car near 42nd Road, TVS colony,- Even before P.W.1 could get up after the violent fall, the car speeded away. P.W.1 raised alarm. Two by standers came to his help. P.W.1 informed about the occurrence. Immediately, thereafter, P.W.1 contacted P.W.4 over phone and informed about the above occurrence. P.W.4 wanted P.W.1 to rush to and to make a complaint. P.W.4 further told that he would also come to the police station straight. Accordingly, P.W.1 and made a complaint P.W.4 also arrived at the police station – Held, in Indian scenario, application of these guidelines, in our considered view, will be in the best interest of the society. The case on hand is a classic example as to how the press conference held by the Commissioner of Police and making statement on the basis of misinformation has caused unnecessary hardship for the prosecution at the time of trial. We are hopeful that in the years to come, these best practices adopted in United States may be taken note of by the police in this State. We remind the police of their duty to follow section 7 of the Right to Information Act and Section 172(3) of the Code of Criminal Procedure, 1973 -Freedom of Press is an important and indispensable feature of our democracy. We earnestly respect the freedom of the press. We only request the print and electronic media to think twice before reporting any information in connection with a mater under investigation by the police to ensure that such reporting does not impede the process of investigation in any manner. Let us remain optimistic – Appeal dismissed
S. Nagamuthu, J.
The Appellants are Accused Nos.1 and 2 in S.C.No.70 of 2011 on the file of the learned Principal Sessions Judge, Kancheepuram at Chengalpattu. They stood charged for offences as detailed below:-
Charge Number
Charges framed against
Penal provision under which charge framed
1
A1 and A2
Section 506(ii) r/w 34 of IPC
2
A1 and A2
Section 363 r/w 34 of IPC
3
A1 and A2
Section 365 r/w 34 of IPC
4
A1 and A2
Section 364-A of IPC
5
A1 and A2
Section 386 r/w 34 of IPC
6
A1
Section 465 of IPC
7
A2
Section 114 r/w 465 of IPC
8
A1 and A2
Section 468 r/w 34 of IPC
9
A1
Section 471 r/w 465
10
A2
Section 109 r/w 471 and 465 of IPC
The trial court, by judgment, dated 30.04.2015, convicted and sentenced them as detailed below:-
Rank of the Accused
Penal provision under which conviction recorded
Quantum of Sentence Imposed
A1 and A2
Section 506(ii) r/w 34 of IPC
Rigorous imprisonment for two years and a fine of Rs. 1,000/- in default to suffer rigorous imprisonment for a further period of three months
A1 and A2
Section 364-A of IPC
Imprisonment for life and fine of Rs. 5,000/- in default to suffer rigorous imprisonment for a further period of one year.
The trial court, however, acquitted A1 of the charges under Sections 363 r/w 34, 365 r/w 34, 386 r/w 34, 465, 468 r/w 34 and 471 r/w 465 of IPC and A2 of the charges under Sections 363 r/w 34, 365 r/w 34, 386 r/w 34, 114 r/w 465, 468 r/w 34, 109 r/w 471 r/w 465 of IPC. Challenging the said conviction and sentences, A1 and A2 have come up with this criminal appeal.
2. The case of the prosecution in brief is as follows:- P.W.4 is a resident of No.1/262, Z-Block, Anna Nagar, Chennai 600040. He is a business man having business concerns both in Chennai and outside. P.W.2, aged about 14 years, is his son. P.W.2 was studying IX-Std in DAV Senior Secondary School at Mogappair in Chennai. P.W.1, a driver by profession, was employed by P.W.4. P.W.4 was owning a Tavera Car bearing Regn. No. TN 02 AE 3278. P.W.2, from his house, used to go to school everyday in the said car driven by P.W.1 and return in the evening in the same car.
2.1. On 01.11.2010, as usual, P.W.2 went to the school in the above said car driven by P.W.1. The school hour was over at 03.05 p.m. As usual, P.W.1 had gone to the school to pick up P.W.2. P.W.1 parked the car in front of the school. P.W.2 came out of the school, came near the car, got into the same and sat in the front seat of the car by the side of the driver's seat. P.W.1 received the school bag of P.W.2 and kept it on the back seat of the car. Then, P.W.1 opened the door and sat on the driver's seat. Even before he could start the car, two persons came near the car. [P.W.1 has later on identified those two persons as A1 and A2]. A1 opened the right side back door of the car and entered into the same. Simultaneously, A2 opened the left back side door of the car and got into the car and closed the doors. A1 was sitting just behind P.W.1 and A2 was sitting just behind P.W.2. A1 took out a knife and kept it just above the neck of P.W.1 and A2 took a knife and kept it just above the neck of P.W.2. Then, A1 directed P.W.1 to start the car and to drive the same. Both A1 and A2 threatened them to kill if they raised any alarm. As directed by them, out of fear, silently, P.W.1 started the car and drove the same in the direction as dictated by the accused. The car was proceeding on the Ambattur-Thirumangalam Road. When the car was reaching a road junction, A1 and A2 directed P.W.1 to turn the car towards the branch road. They again directed P.W.1 to stop the car. As soon as the car was stopped, A1 opened the front right side door of the car, pushed P.W.1 down aside from the driver's seat and drove the car in a high speed along with P.W.2. P.W.1