The High Court declared the petitioner's trial court acquittal as a 'Hon'ble acquittal' because prosecution witnesses turned hostile and the case was not proved beyond reasonable doubt based on the sole evidence of the Investigating Officer.
The acquittal dated 06.01.2016 is declared to be a 'Hon'ble acquittal'.
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 : 19.12.2018
CORAM THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P. No.8751 of 2018
V.Marimuthu
vs.
The State represented by The Inspector of Police, Ranipet police station, Vellore District. .. Respondent Crime No.388 of 2013
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to declare that the acquittal of the petitioner herein by the learned Judicial Magistrate, Ranipet, Vellore District made in C.C.No.100 of 2014 by judgment dated 06.01.2016 held to be "Hon'ble acquittal".
For Petitioner : Mr.T.Shanmugam
For Respondent : Mr.M.Mohamed Riyaz Addl.Public Prosecutor.
ORDER
This petition has been filed seeking to declare the acquittal of the petitioner in C.C.No.100 of 2014, rendered by the learned Judicial Magistrate, Ranipet, Vellore District on 06.01.2016 as "Hon'ble acquittal".
2.It is seen from the records that a case was registered against the petitioner by the respondent Police for an alleged offence under Section 294(b), 323, 324 and 506(ii) of IPC. After completion of the investigation, the respondent Police laid a Final Report before the concerned Court and charges were framed against the petitioner. Thereafter, the petitioner underwent trial for the above said offence.
3.It is seen from the judgment of the Trial Court that PW 1 to PW 6 who were examined on the side of the prosecution have turned hostile and the only evidence that was available before the Court was the evidence of the Investigating Officer who was examined as PW-7. The Trial Court has given a categorical finding that the evidence of PW 1 to 6 have not supported the case of the prosecution and the prosecution has not made out
their case beyond reasonable doubt only based on the evidence given by PW-7. Therefore, the Trial Court has come to a categorical conclusion that the prosecution has not proved the case beyond reasonable doubt against the petitioner.
4.The learned counsel for the petitioner would submit that after such a finding has been rendered in favour of the petitioner, the petitioner ought to have been acquitted honorably, and it cannot be taken as an acquittal by giving the benefit of doubt. The learned counsel for the petitioner also relied upon the order passed by this Court in a similar case in Crl.O.P.No.8860 of 2018 dated 22.03.2018. This Court under similar circumstances had held that the judgment of acquittal was passed after appreciation of the evidence on record, and therefore, this Court had came to a conclusion that acquittal can only be treated as Hon'ble acquittal.
5.This Court has carefully considered the materials available on record and also the submission made by the learned counsel for petitioner and the learned Additional Public Prosecutor.
6.This Court is of the considered view that there were totally seven witnesses examined on the side of the prosecution and out of the same, six witnesses did not support the case of the prosecution. The only other evidence that was available was that of the Investigating Officer who was examined as PW-7. The Trial Court on examination of the evidence had given a categorical finding that the prosecution has not made out the case against the petitioner beyond reasonable doubts.
7.This Court is also relying upon the earlier order passed by this Court under similar circumstances.
8.In view of the above, the acquittal of the petitioner in C.C.No.100 of 2014, on the file of the learned Judicial Magistrate, Ranipet, Vellore District dated 06.01.2016, is hereby held to be "Hon'ble acquittal".
9.Accordingly, the Criminal Original Petition is disposed of. No costs.
Sd/Assistant Registrar
//True Copy//
Sub Assistant Registrar
msrm/rpl
To
2 issues framed by the court
Whether an acquittal where prosecution witnesses turned hostile and conviction relied solely on the Investigating Officer should be declared a Hon'ble acquittal.
Whether the Trial Court's failure to prove the case beyond reasonable doubt warrants a declaration that the acquittal is Hon'ble.
Colour shows how this judgement treated each authority
Crl.O.P.No.8860 of 2018 dated 22.03.2018Relied on¶16
2 provisions across 2 enactments
V. Marimuthu
The State represented by The Inspector of Police, Ranipet police station
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
