Manoharan v. State by
Case brief
What is this about?
High Court allowed appeals against conviction and sentence for robbery/snatching, acquitting appellants due to grave doubts created by delay in FIR, lack of identification parade for strangers, and inconsistencies in prosecution evidence.
What did the court decide?
Conviction and sentence set aside; appellants acquitted of all charges; fine amount (if paid) returned; bail bonds terminated.
What the court decided
BAIL SLIP
The Appellant/Accused viz., 1.Manoharan, S/o.Neghan, 2.Rajkumar, S/o.Chandrasekaran, the Orders of this court dated 21.12.2010, 22.12.2010 in Crl.MP.Nos.1/10 in Crl.A.Nos.647 of 2010 & 1/10 in Crl.A.Nos.769 of 2010 on the file of this court.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.06.2019
CORAM THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.A.NOS.647 AND 769 OF 2010 Manoharan ... Appellant/Accused -1 in Crl.A.No.647 of 2010 Rajkumar ... Appellant/Accused -2 in Crl.A.No.769 of 2010 Vs. The State by Tamil Nadu The Inspector of Police, Law & Order, K 1 Sembium Police Station, Sembium, Chennai – 600 011. (Cr. No.342 of 2009) ... Respondent in both Crl.As
Common Prayer:
The Criminal Appeals filed under Section 374 (2) Cr.P.C. against the Judgment passed by the learned Additional District and Sessions Judge, Fast Track Court IV, Chennai in S.C.No.218 of 2010, dated 08.09.2010.
Crl.A.No.769 of 2010 Mr.V.Perarasu, Legal Aid Counsel
For Respondent : Mr.K.Prabakar in both Crl.As Additional Public Prosecutor
Issues for consideration
3 issues framed by the court
Whether the failure to conduct a test identification parade creates grave doubt in a prosecution case involving strangers.
Whether the delay in lodging the complaint and the manner of arrest undermines the prosecution evidence.
Whether the appellants are entitled to acquittal due to the benefit of the doubt arising from contradictions and procedural lapses.
Parties & counsel
- appellant
Manoharan, S/o. Neghan
- appellant
Rajkumar, S/o. Chandrasekaran
- respondent
The State by Tamil Nadu The Inspector of Police, Law & Order, K1 Sembium Police Station, Sembium, Chennai
Coram
Case details
As recorded by the court registry
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