Crl.R.C.(MD)No.566 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Date : 10.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

Crl.R.C.(MD)No.566 of 2017

S.Jerina Banu

... Petitioner

vs.

1. The Inspector of Police

Aravakurichi Police Station,

Karur District

2. Sadiq Ali @ Jaaffer Sadiq Ali

3. Paveeen Banu

4. Shobika

5. Salmaan paris

6. Liyakath Ali

7. Rafique Ali @ Mohammed Rafique

8. Syed Ibrahim

9. Mohammed Sherif

10. Riyaskal huk

11. Sarkkaral Sahul Hammed

12. Aaris Ali

... Respondents

PRAYER : This Criminal Revision Petition has been filed under Section

397 r/w 401 of Cr.P.C., to call for the entire records and set aside the

judgement of acquittal passed in Crl.A No.33 of 2017 on the file of the

Additional Sessions Court, Karur passed on 17.05.2017 confirming the

judgement passed in C.C. No.159 of 2015 on the file of the learned

Judicial Magistrate No.2, Karur passed on 10.01.2017 and convict the

accused.

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Crl.R.C.(MD)No.566 of 2017

For Petitioner : Mr.K.Samidurai

For R-1

: Mr.M.Vaikkam Karunanithi

Government Advocate (Crl. side)

For RRs.2to4,6,8&10 : Mr. S.Gokulraj

For R-9

: No appearance

O R D E R

This Criminal Revision Petition is directed against the Judgment

passed by the Additional Sessions Court, Karur in Crl.A No.33 of 2017

confirming the judgement passed in C.C. No.159 of 2015 on the file of

the learned Judicial Magistrate No.2, Karur

2.The case of the prosecution is that on 01.03.2015 at about 13.00

hrs., the house door of the P.W 1 was knocked and when the

complainant and her sister opened the door, about 22-30 persons

trespassed into the house and attacked the defacto complainant.

Immediately four accused person pulled her down and attacked the

defacto complainant and her sister. They also compelled her to sign in the

blank papers. When the defacto complainant refused to sign the accused

persons scolded her in filthy language and also beaten her. Thereafter the

defacto complainant signed in the blank papers and also she had put her

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Crl.R.C.(MD)No.566 of 2017

left hand thumb impression . Subsequently they have also beaten her with

chappal. Therefore she sustained injuries and lodged complaint.

3. On receipt of the complaint the respondent police registered

First Information Report in Crime No. 92 of 2015 for the offences under

sections 147,448,294(b),323 and 426 of IPC and subsequently altered

into sections 147,452,342,294(b),426,323,355 of IPC r/w.section 4 of

TNPHW Act. After completion of investigation the respondent police

filed final report and the same has been taken cognizance by the trial

Court.

4. On the side of the prosecution they examined 21 witnesses as

P.W. 1 to P.W.21 and marked Exhibits Ex.P.1 to 13 and no material

objects were marked. On the side of the accused neither oral nor

documentary evidence were let in.

5.On perusal of the oral and documentary evidence the trial Court

found the petitioner not guilty for the offences under sections

147,452,342,294(b),426,323,355 of IPC r/w.section 4 of TNPHW Act

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Crl.R.C.(MD)No.566 of 2017

and acquitted them. Aggrieved by the same, the petitioner has preferred

an appeal in C.A. No.33 of 2017 before the Additional Sessions Court,

Karur and the same was dismissed confirming the judgement of the trial

Court. Hence, the present revision has been filed.

6.The learned counsel for the petitioner would submit that though

there are some discrepancies in the depositions of prosecution witnesses,

P.W.1 sustained injuries and the same was corroborated with the evidence

of P.W.19/Doctor who treated P.W.1. That apart prosecution has

examined 21 witnesses inorder to prove the occurrence. P.W.1 and P.W.2

had c