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RMT. TEEKAA RAMAN
Sankar – Appellant
Versus
State of Tamil Nadu rep. by The Inspector of Police, Vellore – Respondent
JUDGMENT
(Prayer: Criminal Revision Case filed under Sections 397 and 401 of Cr.P.C., against the judgment made in C.C.No.384 of 2009 dated 09.01.2017 on the file of Judicial Magistrate, Katpadi which is confirmed in Crl.A.No.4 of 2017 dated 12.07.2019.)
1. The convicted A1 is the Revision Petitioner herein.
2. The respondent-Police filed a final report in Crime No.400 of 2007, Katpadi Police Station, Vellore District and the same was taken as C.C.No.384 of 2009.
3. After trial, A2-Murugesan was acquitted and the first accused Sankar, S/o.Late Subramani Naicker was convicted by the trial Court. The first accused- Sankar is claimed as Murugesan, while the second accused is claimed as Velmurugan. On appeal filed by the first accused, Crl.A.No.4 of 2017 was dismissed.
4. The 1st appellant/1st accused had been convicted and sentenced to undergo Simple Imprisonment for 1 year for each offence and also to pay a fine of Rs.3,000/- for each offence, in default, to undergo Simple Imprisonment for 6 months, for the offences under Sections 468, 471, 420 and 419 C.P.C and it is further ordered that the above sentences shall run concurrently and the detention period of 10 days from 15.09.2009 to 24.
The court emphasized the importance of positive evidence, absence of unexplained delays in lodging complaints, and consistency in witness testimonies in reaching a decision.
The main legal point established in the judgment is that unexplained delay and enmity between the parties can lead to the benefit of doubt for the accused, resulting in their acquittal.
The main legal point established in the judgment is that the prosecution must prove the forgery of a document and the accused's involvement, and the defense's claims must be supported by credible evi....
The right to speedy trial is an inalienable right under Article 21 of the Constitution, and the court must consider the expediency in the interest of justice before filing a complaint for false charg....
The judgment establishes the principle that the court will rely on the evidence and documents presented to establish guilt beyond reasonable doubt in cases of fraudulent activities.
The prosecution must establish all elements of the alleged offences beyond a reasonable doubt, and the burden of proof never shifts to the accused. In the absence of credible evidence linking the acc....
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