JUDGMENT

This Criminal Appeal has been preferred against the judgement in S.C.No.191 of 2009 dated 25.04.2016 on the file of the Principal District and Session Court, Tuticorin, wherein the said Sessions case has been committed to the Special Court for Human Rights Violation Cases/ Principal District and Sessions Court, Tuticorin by the Chief Judicial Magistrate Court, Tuticorin based on the private compliant given by the appellant herein as against the respondents.

2. When the matter was posted for trial the appellant i.e., complainant was irregular in apperance before the trial Court and not co-operated for trial and thereby the trial Court after referring the statements recorded before the committal court acquitted the accused and pronounced the judgment on 25.04.2016. Aggrieved by the said judgment passed by the trial Court the present appeal has been filed by the defacto complainant.

3. The case of the appellant is that he belongs to Mudivaithanenthal and on 28.12.2006 at about 10.00 a.m.,he was proceeding along with his mother from Mudivaithanenthal to Tuticorin, at that time he went to Chidambara Nagar Canara Bank Branch and obtained loan by pledging the jewels and thereafter at about 11.30 a.m., when he reached the Tuticorin bus stand the respondents came there in a two wheeler and forcibly took the appellant in an auto rickshaw. When the same was questioned by the mother of the appellant both the respondents stated that they are taking the appellant for enquiry and after completing the enquiry they would send him back to the home, but thereafter the appellant did not return home. On the next day when the mother of the appellant came to bus stand for searching the appellant she saw the appellant there in the bus stand with injuries all over his body. Further the police assaulted the appellant in a black and blue manner all over his body as if he was selling liquor illegally. Further the second respondent has taken a sum of Rs.24,850/- from the appellant and also abused him in filthy language. Both the respondents wrongfully confined the appellant and thereafter on 29.12.2006 one Sudalaimuthu gave him some medicine and sent him through bus to his house. On the same day i .e, on 29.12.2006 the appellant was admitted in Tirunelveli Medical College Hospital and had taken treatment as inpatient till 02.01.2007. Thereafter the appellant had sent complaint to the District Collector, District Court, District Superintendent of Police. Immediately the respondent threatened the appellant herein over phone to withdraw the complaint otherwise they would take action against him under Goondas Act, thereby the respondents have committed offence under Sections 2(d) r/w.30 of The Protection of Human Rights Act, 1993 and Sections 365,323 and

342 of IPC.

4. Thereafter the petitioner preferred compliant before he Chief Judicial Magistrate Court, Tuticorin for the Human Rights Violation as well for the offences committed by the respondents. The above said complaint was taken on file by the learned Chief Judicial Magistrate, Thoothukudi in P.R.C. No.02 of 209 and after examining the witnesses and after completing all the legal formalities had committed the case to the Court of Sessions vide order dated

27.07.2009.

5. After receipt of case records from the committal court the learned Principal District and Sessions Judge, Designated Special Court for the Protection of Human Rights Act, 1993, Tuticorin has taken the case on file in S.C.No.191 of 2009 and thereafter the case was posted for examination of witnesses and for appearance of appellant. Before the trial Court the appellant did not appear and not cooperated for trial and thereby the trial Court has passed an Judgement of acquittal after discussing about the evidence and the statement recorded before the trial Court.

6. Aggrieved by the above said judgment passed by the learned Principal District and Sessions Judge, Thoothukudi the appellant herein has filed the present appeal on the followi