MAYAGOTHI HUSSAIN THAKRU Vs. HASSAN GANDUVAR HASSAN MANIKFAN

JUDGEMENT

(1.) This revision petition is directed against the conviction and sentence passed on the petitioner by the Inspecting Officer, Minicoy in C. C. No. 6 of 1965, in which the petitioner stood charged with an offence under S.323 I. P. C. The case against him was that on 25 6 1966 at about 7 p. m. he caused hurt to a child aged 1 1/2 years who was being held in his arms by the complainant. The complainant was standing in front of his wife's house "Oludugothi" in Rameedu Village. The child was in his arms. The accused approached him from behind and hit the child. When the complainant turned back and questioned the accused he shouted at him in a fit of temper and left the place. The child started crying on receipt of the fisting and within no time it developed fever. The Medical Officer of Minicoy Island was immediately summoned to the house and the child was got examined by him. As advised by the doctor, the child was immediately taken to the hospital for further treatment. The prosecution has examined 7 witnesses. pw. 1 is the complainant, pws. 2 and 4 are two independent eyewitnesses. pw. 1 is a member of the Village Vigilance Committee, and it has come in the evidence that the formation of the Committee was not liked by a section of the inhabitants there, particularly the seamen. The accused is a seaman and it was believed by pw. 1 that he was ill disposed to him on account of the formation of the above Committee. pw. 2 is a member of the vigilance committee who had gone to the house of pw. 1 to discuss about their daily routine duties. pw. 4 is an islander who had also gone there to visit pw. 1.

(2.) The accused denied the charge. He has stated that he was abused by pw. 1 while he was passing that way. He was stopped on the way and held under wrongful restraint for some time. He would however admit that the complainant had at the time a baby in his arms. The learned Inspecting Officer has believed the prosecution version of the occurrence and has entered the conviction.

(3.) I do not propose to go into the merits of the case. The conviction and sentence have to be set aside and the case remanded on the sole ground that the accused was denied the opportunity of defending himself. S.18 of the Laccadive Islands and Minicoy Regulation (I of 1912) stands in the way of the accused engaging a counsel of his choice to defend him. The section is: