Madras High CourtCRL A(MD)/232/2018partly allowed

Yasin Mohamed v. The Inspector Of Police

2019-07-01Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI (Criminal Revisional Jurisdiction) Monday, the First day of July Two Thousand Nineteen PRESENT:

The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL A(MD). No.232 of 2018 YASIN MOHAMED ALI ...Appellant/Accused Vs STATE REP.BY THE INSPECTOR OF POLICE THIRUPPARANKUNDRAM POLICE STATION MADURAI (CRIME NO.516 OF 2016) ... Respondent/Complainant Prayer :- Criminal Appeal is filed under Section 374 of Criminal Procedure Code praying this Hon'ble Court to call for the records and set aside the sentence and conviction imposed in S.C.No.565 of 2016 on the file of the V Additional District and Sessions Judge, Madurai vide Judgment dated 24.04.2018.

ORDER:- Criminal Appeal coming on for orders on this day, upon perusing the Grounds of Appeal and proceedings before the Court of Sessions and upon hearing the arguments of MR.P.KARTHICK, Advocate for the Appellant and of MR.A.ROBINSON, Government Advocate (Criminal Side) on behalf of the respondent, it is ordered as follows:-

1. that the Criminal Appeal be and hereby is allowed in Part;

2. that the conviction imposed on the Appellant in SC.565/2016 on 24/04/2018 by V Additional Sessions Judge, Madurai be and hereby is confirmed;

3. that the punishment imposed on the appellant/accused for the offence under section 392 IPC is reduced to 2 years RI. In other aspects, the findings of the trial court is confirmed;

4. that the period of sentence, if any already undergone by the appellant/accused shall be given set off under section 428 of Cr.P.C. If the appellant/accused has already undergone two years incarceration, he may be set at liberty forthwith; https://hcservices.ecourts.gov.in/hcservices/

5. and that the Superintendent, Central Prison, Madurai be and hereby is directed to release the Appellant/Accused forthwith, unless his detention is required in Connection with any other case. (Detailed Order will follow) Sd/- Assistant Registrar(P & A) // True Copy // Sub Assistant Registrar(CS) TO

1. THE JUDICIAL MAGISTRATE, NO.VI, MADURAI.

2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MADURAI.

4. THE PRINCIPAL SESSIONS JUDGE, MADURAI.

5. THE INSPECTOR OF POLICE, THIRUPPARANKUNDRAM POLICE STATION, MADURAI DISTRICT.

6. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

7. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

Copy to The Section Officer,Criminal Section(Record), Madurai Bench of Madras High Court, Madurai. (2 copies) ORDER DATED : 01/07/2019 ========================== ADVANCE ORDER ========================== CRL A(MD). No.232 of 2018 Allowing in part the CRL A (MD)No.232 of 2018 by setting aside the conviction and sentence to the Appeal petitioner in SC.No.565/2016 on 24.04.2018 by the V Additional Sessions Judge, Madurai etc., as stated within.

https://hcservices.ecourts.gov.in/hcservices/ avg(CO) TR (04.07.2019) 4P 11C