MARIMUTHU Vs. STATE

JUDGEMENT

(1.) The Petitioner/A6 has filed the instant Criminal Revision Petition before this Court as against the Judgment dated 02/11/2012 in S.T.C. No. 219 of 2012 passed by the Learned Judicial Magistrate, Uthamapalayam. Further, he has prayed for expunging the observation made by the trial Court, while acquitting him based on 'benefit of doubt'. Consequently, in this Revision Petition, the Petitioner has sought relief of passing of an order of 'Honorary Acquittal' by this Court to secure the ends of justice. The Learned Judicial Magistrate, Uthamapalayam, while passing the judgment in S.T.C. No. 219 of 2012 dated 02.11.2012 has among other things observed that P.W.1 and other eye witnesses to the occurrence viz., P.Ws.2 and 3 have turned hostile and also their evidence is against the prosecution case and further, the other independent witnesses have not spoken against all the Accused (7 in no including the Petitioner/A6) and has come to a consequent conclusion that the prosecution has not established its case against the Petitioner/Accused and other Accused beyond all reasonable doubt and acquitted the Petitioner/Accused and other Accused under Section 255(1) Cr.P.C.

(2.) The Learned counsel for the Petitioner/A6 strenuously contends that the Revision Petitioner has passed 10th standard and he has qualified for appointment to the post of Grade II Police Constable and that in the year 2012, selection for the post of Grade II Police Constable, he has performed well in written test and also in physical efficiency test and in all, he secured 68% marks in aggregate and has been selected for the appointment to the post of Grade II Police Constable, pursuant to the notification advertisement No. 112 issued by the Tamil Nadu Uniformed Service Recruitment Board. However, when the Petitioner has been expecting the order of appointment, the Superintendent of Police, Theni District has rejected his appointment based on the reason, that he has been involved in a criminal case in S.T.C. No. 219 of 2012 on the file of the Learned Judicial Magistrate, Uthamapalayam.

(3.) The main ground of attack projected by the Learned counsel for the Petitioner/A6 before this Court is that though the Petitioner/A6 has been acquitted by the trial Court giving him the 'benefit of doubt', the same operates as a stigma affecting his future employment prospects and in spite of acquittal, he cannot join in any Government Service, Therefore, the Petitioner has been perforced to project the Criminal Revision Petition praying for the relief of 'Honorary Acquittal'.