ANNAMALAI Vs. STATE REPRESENTED BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The case of the revision petitioner is that the respondent police filed a case against the present revision petitioner and 2 others in Crime No.332/2011 on the file of the Inspector of Police, Uthangarai Police Station, Krishnagiri District. After investigation, the respondent police filed charge sheet against the revision petitioner and 2 others before the Judicial Magistrate, Uthangarai in C.C.No.123/2011. The learned Magistrate, taken up the case on file. After trial, the learned Magistrate acquitted the accused on the ground that the respondent police has not proved its case beyond reasonable doubt and extended the benefit of doubt in favour of the revision petitioner and 2 others. As against the judgment of acquittal, the prosecution has not preferred any appeal. The present revision is filed by the petitioner to set aside the finding of the learned Judicial Magistrate, Uthangarai by holding the petitioner acquitted honourably to secure the ends of justice. On the ground that the Magistrate having held no evidence against the revision petitioner ought to have acquitted without attaching any stigma to the petitioner.

(2.) The petitioner is studying B.Sc.,(Maths) IIIrd year at Sri Vidhya Mandir Arts and Science College, Uthangarai and judgment will affect his future career and employment. Further, he would state that the petitioner is also selected as Grade-2 Police Constable.

(3.) The learned counsel for the petitioner would submit that the petitioner was selected as Grade-2 Police Constable and judgment is against him as he was acquitted, based on the benefit of doubt. The judgment of the trial Court, is perverse in the eye of law. The petitioner is hailing from S.C.Community and the judgment is violated under Article 21 of the Constitution of India. Therefore, considering the above said background, the stigma attached with the judgment against the revision petitioner is liable to be removed.