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2025 Supreme(Online)(Mad) 69566

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Murali Shankar, J
Mohamed Riyaskhan – Appellant
Versus
The State represented by The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District. – Respondent


Advocates:
For the Appellants/Petitioners: Mr.K.Althaf Sheriff for M/s Ajmal Associates
For the Respondents:Mr.K.Gnanasekaran Government Advocate (Crl.Side)

Table of Content
1. incident details and charges against accused. (Para 3 , 4 , 7)
2. trial court's judgment and evidence inconsistencies. (Para 9 , 19)
3. defense arguments questioning credibility of the prosecution’s eyewitnesses. (Para 12 , 14)
4. final judgment and acquittal based on insufficient evidence. (Para 25)

JUDGMENT

The Criminal Appeal is directed against the judgment of conviction made in S.C.No.12 of 2021, dated 21.11.2023, on the file of the Principal Sessions Court, Ramanathapuram.

2. For the sake of convenience and brevity, the parties will hereinafter be referred as per their status/ranking in the trial Court.

3. The prosecution's case is that on 10.01.2019, the defacto complainant, a Sub-Inspector, was on patrol duty with a government two-wheeler (TN-65- G-0820) and Constable Sathiyendran. Near Rameshwaram road, vehicles carrying passengers heading to watch an Ajith movie were passing by, cheering and shouting with their heads and arms out. The complainant advised them to not put their hands out. The accused, Mohammed Riyaskhan, driving Tavera No.TN-19-E-2206, ignored warnings, abused the officer in filthy language, and threatened to kill him by dashing his vehicle. He

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