Madras High CourtCRL A(MD)/212/2010partly allowed

Senthilkumar v. Dy.Superintendent Of Police

2019-07-11Honourable Mr Justice G.R.Swaminathan2 pages

Bail Slip Senthilkumar S/o.Ramasamy, Male, Aged about 35 years was released on bail vide order in MP(MD).No.1/2010 in CRL A(MD). No.212/2010 dated 06.07.2010.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL A (MD)No.212 of 2010 Senthilkumar ...Appellant/Accused No.1 Vs.

State, rep.by The Deputy Superintendent of Police, Vallam Police Station, Thanjavur District.

...Respondent/Complainant

(Crime No.299 of 2009) Prayer : This Criminal Appeal is filed under Section 374 of Criminal Procedure Code, to set aside the conviction and sentence imposed on the appellant by the I Additional Sessions Judge (Protection of Civil Rights), Thanjavur in Spl.S.C No.13 of 2010 by judgment dated 23.06.2010, acquit the appellant. For Appellant : Mr.A.Arun Prasad For Respondent : Mr.A.Robinson Government Advocate (crl.side)

JUDGMENT

The appellant was found guilty of the offence under Section 355 IPC vide judgment dated 23.06.2010 in Special S.C No.13 of 2010 on the file of the I Additional Sessions Judge (Protection of Civil Rights), Thanjavur and sentenced to six months rigorous imprisonment and levied with fine of Rs.1,000/-. He was acquitted of the other charges with which he was charged. 2.When the matter was taken up for hearing, the learned counsel appearing for the appellant submitted that he would not question the finding of guilt and that he would be satisfied if some leniency is shown in the matter of sentence. It is stated that the appellant was in prison for about 17 days. Even according to the prosecution the victim did not suffer any external injury. The occurrence had taken place some ten years ago.

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3.Taking note of the mitigating circumstances, even while sustaining the conviction imposed on the appellant, this Court modifies and reduces the sentence of imprisonment to the period already undergone. Accordingly, this criminal appeal is partly allowed.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The I Additional Sessions Judge (Protection of Civil Rights), Thanjavur.

2.The Deputy Superintendent of Police, Vallam Police Station, Thanjavur District.

3.The Judicial Magistrate No.I, Thanjavur.

4.Do Thro'The Chief Judicial Magistrate, Thanjavur. 5.The Principal Sessions Judge, Thanjavur.

6.The Superintendent of Central Prison, Trichy. 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL A (MD)No.212 of 2010 11.07.2019 Skm AE/(13.08.2019) 2P 8C https://hcservices.ecourts.gov.in/hcservices/