Madras High CourtCRL RC(MD)/650/2011partly allowed

Mallika v. The Inspector Of Police

2019-06-25Honourable Mr Justice G.R.Swaminathan2 pages

BAIL SLIP The Criminal Revision Petition / Accused No.2, was directed to be released on bail as per the order dated 03.08.2011 made in MP (MD)No.1 of 2011 in Crl.O.P.(MD)No.650/2011.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C.(MD)No.650 of 2011 Mallika .. Revision petitioner/ Appellant/Accused No.2 Vs.

The Inspector of Police, Melatur Police Station, Thanjavur District.

(Crime No.26 of 2009) .. Respondent/Respondent/ Complainant Prayer : This Criminal Revision petition is filed under Section 397 r/w 401 of Cr.P.C., to call for records pertaining to C.A.No.7 of 2011 on the file of the learned I Additional Sessions Judge(PCR), Thanjavur, by its Judgment dated 25.07.2011 confirming the Judgment of the learned Judicial Magistrate No.III, Thanjavur, in C.C.No.51 of 2009, dated 27.12.2010 by allowing this Revision. For Petitioner : Mr.A.Arunprasad For Respondent : M/s.S.Bharathi, Government Advocate (Crl. Side).

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ORDER

The petitioner was found guilty of the offence under Section 325 of I.P.C. by the Courts below. The learned trial Magistrate sentenced her to undergo one year Rigorous Imprisonment. It was reduced to 6 months Simple Imprisonment by the lower appellate Court. Challenging the same, this Criminal Revision has been filed. https://hcservices.ecourts.gov.in/hcservices/

2. When the matter was taken up for hearing, the petitioner's counsel submitted that he would not question the finding of guilt and he would be satisfied, if leniency is shown in the matter of punishment. The petitioner's counsel contended that the petitioner is a lady and that she had attacked the injured only with a wooden log. The attack was only on the wrist portion and not on any sensitive part of the body. More than 10 years have elapsed.

3. Taking note of all these mitigating aspects, the sentence of imprisonment imposed on the petitioner is set aside and the levy of fine is confirmed.

4. With this modification, the Criminal Revision stands partly allowed. No costs.

Sd/- Assistant Registrar (AD-II) / True Copy / Sub Assistant Registrar(CS- ) pmu To

1. The I Additional Sessions Judge(PCR), Thanjavur.

2. The Judicial Magistrate No.III, Thanjavur.

3. The Inspector of Police, Melatur Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai( 2 copies).

Crl. R.C.(MD)No.650 of 2011 25.06.2019 https://hcservices.ecourts.gov.in/hcservices/ ES/19.07.2019/2P/7C