In a criminal revision challenging an acquittal for rape and harassment charges, the High Court examined the trial court's reasons, including lack of corroboration and procedural delays. Finding the trial court's decision just and reasonable, the revision was dismissed.
Revision dismissed; alleged violation of sections 397 and 401 Cr.P.C. not found.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 23.11.2015
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM
Crl.R.C.No.955 of 2009
H.Farook Maricar S/o.Hajamaricar .. Petitioner/De facto complainant
vs.
1. State represented by
Inspector of Police,
Nagore Police Station. .. Ist Respondent/complainant
2. M.H.Sheik Alavudheen
S/o.Mohammed Ibrahim .. 2 nd Respondent/accused
Criminal Revision filed under section 397 and 401 Cr.P.C.
against the judgment of learned Assistant Sessions Judge (Chief
Judicial Magistrate), Nagapattinam, passed in S.C.No.238 of 2008 on
10.07.2009.
For Petitioner : Mr.R.Thiagarajan
For Respondents: Mr.C.Iyyapparaj,
Government Advocate
[Crl.side][R1]
O R D E R
Challenging the judgment of acquittal passed by learned
Assistant Sessions Judge (Chief Judicial Magistrate), Nagapattinam,
in S.C.No.238 of 2008 on 10.07.2009, the present revision has been
filed.
Advocate [Crl.side] for first respondent.
For the above and for some other reasons, trial Court has held that the prosecution has failed to prove its case beyond all reasonable doubt and accordingly, acquitted the accused of all charges. This Court finds that the judgment of acquittal rendered by trial Court is just and reasonable.
This Criminal Revision stands dismissed.
Gm
Sd/-
Assistant Registrar (Cs-III)
/True Copy/
Sub-Assistant Registrar
To
1. The Judicial Magistrate No.II,
Nagapattinam
2. The Assistant Sessions Judge
(Chief Judicial Magistrate),
Nagapattinam.
3. The Inspector of Police,
Nagore Police Station.
4. The Public Prosecutor,
High Court, Madras.
Crl.R.C.No.955 of 2009
CTK(CO)
sd : 05/02/2016
2 issues framed by the court
Whether the trial court's finding of acquittal based on lack of corroboration and unexplained delay is just and reasonable.
Whether the prosecution failed to prove the case beyond reasonable doubt.
2 provisions across 1 enactments
H.Farook Maricar
State
M.H.Sheik Alavudheen
C.T.Selvam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
