SAMBASIVAM Vs. STATE

JUDGEMENT

(1.) THE accused No.1 and 2 in Sessions Case No.105 of 1998 on the file of the Court of II Additional Sessions Judge (Protection of Civil Rights), Thanjavur are the appellants.

(2.) UPON the complaint by P.W.1-Soundararajan, P.W.8-the Sub Inspector of Police registered a case in Cr.No.11/1996, under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act'), as per the FIR-Ex.P.4. Pursuant to the registration of the case, P.W.8 examined some witnesses, recorded the statements, then submitted the investigation report for further investigation to the Inspector of Police, who has been examined as P.W.9. When P.W.9 completed his investigation, by examining P.Ws.1 to 8, it was brought to his knowledge that this kind of case should be investigated by the Deputy Superintendent of Police and therefore, he submitted the files to the Deputy Superintendent of Police, who has been examined as P.W.10.

(3.) ACCORDING to the prosecution, the incident had taken place on 22.7.1996 at about 6.00 a.m. The complaint was preferred by P.W.1 on 23.7.1996, as submitted by P.W.8, who received the complaint at 10.00 a.m. In the original complaint, there is no endorsement, which is made available usually, about the time of receipt of the complaint, though in the printed FIR, in the second column it is stated as '10.00 a.m.'. The complaint-Ex.P.1, as well as the printed FIR-Ex.P.4, reached the Court only on 25.7.1996 at about 11.30 a.m., thereby showing the inordinate delay, not only in registering the case ,but also in submitting the complaint and printed FIR to the Court concerned, for which no explanation is forth-coming. As observed by the Courts, since there is a possibility to foist this kind of cases, due to some enmity, easily, the delay should take its magnitude, if it is not explained. In this view, as rightly claimed by the learned counsel for the appellants, the benefit of doubt, about the genesis of the case, should be given to the accused. This being the position, the doubt, instead of being vanished, by further deep consideration, in my considered opinion, grown-up, further doubting the origin of the case.