TAMIL SELVI Vs. KANDHASAMY

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 5.10.2005, passed by the Special Judicial Magistrate, Darapuram, in C.C.No.11 of 2005, this criminal revision case has been focussed.

(2.) A summation and summarisation of the relevant facts, which are absolutely necessary and germane for the disposal of this criminal revision case would run thus:-(a) The police laid the police report in terms of Section 173 Cr.P.C. for the offence under Sections 294(b) and 323 IPC alleging that on 3.2.2005 at about 15.00 hours, in the common path way leading to Ponnapuram, the accused 1 to 3 due to previous enmity in furtherance of common intention uttered out unparliamentary and indecent words as against Tamilselvi, who was proceeding along that path way, and attacked her and caused simple injuries to her.(b) Inasmuch as the accused pleaded not guilty, the learned Magistrate conducted the trial. On the prosecution side P.Ws 1 to 8 were examined, Exs.P1 to P7 were marked and M.O.1 was marked. On the defendants' side no oral or documentary evidence was adduced. Ultimately the learned Magistrate acquitted the accused of all the offences, with which, the accused were charged.(c) Being aggrieved by and dissatisfied with the judgment of acquittal, the de-facto complainant, namely, Tamilselvi, filed this revision on the main ground that the lower Court was perverse in screening and scrutinising the evidence and in ultimately acquitting the accused unjustifiably.

(3.) THE point for consideration is as to whether the trial Court was perverse in scrutinising and scanning the evidence and in acquitting the accused.