Thangamuthu v. K.Sivakumar

P.N.PRAKASH,J.

This case is taken up through video conferencing. 2.

For the sake of convenience, the petitioner and the respondent will be referred to as the complainant and the accused, respectively. 3.

The complainant initiated a prosecution by way of private complaint in C.C.No.188 of 2013 against eleven accused, in which, the Judicial Magistrate, Dharapuram, by judgment and order dated 22.11.2017, acquitted every accused except Sivakumar (A6) and convicted him of the offence under Section 355 IPC and sentenced him to undergo one year simple imprisonment.

4.

Challenging the conviction and sentence, the accused filed Crl.A.No.108 of 2017, which has been allowed by the III Additional District and Sessions Court, Dharapuram, on 23.03.2020. 1/4

5.

Aggrieved by the judgment and order of acquittal, the complainant is before this Court.

6.

On reading the judgment and order of the appellate Court, there are prima facie materials to show that the appellate Court had fallen in error in acquitting the accused by mis-appreciation of the evidence on record. Further, the complainant has raised substantial grounds in the appeal which require detailed appraisal. Hence, leave granted. The Registry is directed to number the appeal, if the same is otherwise in order.

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To 1.The Judicial Magistrate, Dharapuram.

2.The III Additional District and Sessions Judge, Dharapuram.

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P.N.PRAKASH, J.

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