Crl.R.C.(MD)No.262 of 2018

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

Crl.R.C.(MD)No.262 of 2018

and Crl.M.P.(MD)No.3568 of 2018

Tamilselvan

... Petitioner

Vs.

The Sub Inspector of Police,

Nathampatti Police Station,

Virudhunagar District.

(Crime No.8 of 2010)

... Respondent

PRAYER : Criminal Revision Case filed under Section 397 r/w 401 of

the Criminal Procedure Code, to call for the records and set aside the

order of conviction inflicted as against the petitioner passed in S.T.C.

No.331 of 2010 on the file of the learned Judicial Magistrate No.I,

Srivilliputhur, Virudhunagar District dated 30.11.2010, confirming the

said order passed by the learned Principal District and Sessions Court,

Virudhunagar District at Srivlliputhur in C.A.No.140 of 2010

dated15.02.2017.

For Petitioner

: Mr.M.Jegadeesh Pandian

For Respondent

: Mr.M.Vaikkam Karunanithi,

Government Advocate(Crl.side)

1/9

https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD)No.262 of 2018

ORDER

This Criminal Revision Case has been filed to set aside the order

of conviction inflicted as against the petitioner passed by the Principal

District and Sessions Court, Virudhunagar District at Srivlliputhur in

C.A.No.140 of 2010 dated15.02.2017 confirming the order passed in

S.T.C. No.331 of 2010 on the file of the learned Judicial Magistrate

No.I, Srivilliputhur, Virudhunagar District dated 30.11.2010.

2.The case of the prosecution is that on 09.02.2010, at about 07.30

am., when the victim was about to go by bus to her school, at

Nathampatty Bus stop in Rajapalayam National Highway, the accused

had taken the bus, without noticing that the victim was not get boarded

the bus, in a rash and negligent manner. Therefore, the victim fell down

from the steps of the bus back wheel of the bus ran over on her left leg.

Hence, she sustained grievous injury on her left foot.

3.Thereafter, she lodged a complaint and the same was registered

in Cr.No.8 of 2010 for the offence punishable under Sections 279, 338

IPC. After completion of investigation, final report has been filed and the

2/9

https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD)No.262 of 2018

same was taken cognizance by the learned Judicial Magistrate No.I,

Srivilliputhur, Virudhunagar District in S.T.C.No.331 of 2010. On the

side of the prosecution P.W.1 to P.W.13 were examined and marked

Ex.P.1 to Ex.P9. The prosecution also marked one material object. On

the side of the accused, no one was examined an no document was

marked. On perusal of oral and documentary evidence, the trial court

found the accused guilty for the offence punishable under Sections 279,

338 IPC and sentenced him to undergo three months simple

imprisonment and to pay a fine of Rs.500/- i/d to undergo one month

simple imprisonment for the offence punishable under Section 279 IPC

and also sentenced him to undergo six months simple imprisonment and

to pay a fine of Rs.1000/- i/d to undergo three months simple

imprisonment for the offence punishable under Section 338 IPC.

Aggrieved by the same, the petitioner filed an appeal and the same was

dismissed by confirming the conviction and sentence imposed by the trial

Court. Hence, the present revision.

4.The learned counsel appearing for the petitioner raised grounds

that no witness has spoken to corroborate with the rough sketch, which

3/9

https://www.mhc.tn.gov.in/judis

Crl.R.C.(MD)No.262 of 2018

was marked as Ex.P.9 in order to prove the case of the prosecution.

There was huge delay in registering FIR. The occurrence had taken on

09.02.1010 at about 07.30 am., whereas the complaint was lodged only at

12.00 noon and FIR was registered only at about 02.00 pm., in Cr.No.8

of 2010, which was reached the learned Judicial Magistrate only on

10.02.2010. P.W.1 to 3 are close relatives of