MUTHAMILSELVAN Vs. STATE

JUDGEMENT

(1.) The brief facts of the case are as follows; On 08.05.2010, the second respondent police had registered a case in Crime No. 141 of 2010 against the petitioner herein and four others for offences under Section 147,148,323 and 324 IPC r/w. 3(1)(X) and 3(II)(V) of SC/ST Act 1989.

(2.) The petitioner herein who was a minor on the date of occurrence has been arrayed as the 4th accused in the said crime. According to the prosecution, on 07.05.2010, while the defacto complainant along with his friends were watching cricket match, the defacto complainant had received a phone call from some unknown person, calling upon him to come to the bus stand. Pursuant to that, an assault is alleged to have occurred in the bus stand. The defacto complainant was taken to the hospital, wherein he had given a statement and based on that, the FIR came to be registered against the petitioner and others.

(3.) Since the petitioner was a juvenile at the time of the occurrence, charges came to be framed against A1,A3 and A5 before the learned Principal District and Sessions Judge, Perambalur in Spl. S.C. No. 19 of 2013 and by judgment dated 11.12.2013, all the three accused were acquitted after due trial. The Overt acts as against the petitioner herein is less severe, while compared to the overt acts attributed to A1, A3 and A5. As a matter of fact, it is the case of the petitioner herein that no charge sheet has been filed against the petitioner and as such there is no overt act as against this petitioner.