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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.K.RAMAKRISHNAN, J
Maru.Somasundaram – Appellant
Versus
State – Respondent
JUDGMENT
The accused in S.C.No.141 of 2015, on the file learned Principal Sessions Judge, the Court of Sessions, Tiruchirappalli District has filed this Criminal Appeal challenging the following conviction and sentence imposed on him by the impugned judgment dated 13.12.2017:
| Sl. No. | Offence Under Section | Punishment |
| 1 | 3(i) of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 | To undergo Simple Imprisonment for three years and to pay a fine of Rs.1,000/- in default to pay the fine, the accused to undergo simple imprisonment for 12 months. |
2. The appellant herein was working as Professor in K.A.P.V. Medical College Hospital, Tiruchirapalli and the complainant, namely, Dr.Gomathi was working as Vice Principal in the same Medical College. On 31.07.2012, when the complainant was in the computer room, the appellant went into the room for which, the complainant questioned the appellant as to why he came there and asked him to leave. The appellant replied by saying whether it was her house and he would see afterwards. Pursuant to the previous motive between them, on 02.08.2012 at about 15.00 hours, the complainant parked her car bearing Registration No.TN-45-J-4935 Maruthi 800 Blue colo
The prosecution must prove its case beyond reasonable doubt, and insufficient evidence leads to acquittal.
The trial court erred in acquitting the accused despite substantial evidence, including witness testimonies, necessitating conviction based on the principle of proving charges beyond reasonable doubt....
The prosecution must prove guilt beyond reasonable doubt, and damage to private property does not fall under public property laws.
The evidence of an injured witness holds special status and should not be dismissed lightly, especially when corroborated by medical evidence.
The amendment Act 46 of 1994 enlarges the scope of TNPPDL Act, 1992 to include damages caused to private individuals by other private individuals, as interpreted and applied by the court.
The broad scope of the amendment Act 46 of 1994 includes damages caused to private individuals by other private individuals under Section 3(1) of TNPPDL Act, 1992.
The TNPPDL Act does not apply to damage caused in private disputes and private properties.
The prosecution must establish its case beyond reasonable doubt; failure to do so results in acquittal.
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