- (1.) The Petitioner/A2 has preferred the instant Criminal Revision Petition as against the Judgment dated 26.05.2009 in C.C. No. 304 of 2007 passed by the Learned Judicial Magistrate, Mudukulathur. Further, the Revision Petitioner/A2 has prayed for an issuance of an order by this Court to set aside the observation of the Learned Judicial Magistrate, Muthukulathur, Ramanathapuram District in C.C. No. 304 of 2007 to the effect that he has been acquitted based on 'benefit of doubt' and has prayed for the relief of "Honorary Acquittal'. The Learned Judicial Magistrate, Mudukulathur, while passing the Judgment in C.C. No. 304 of 2007 on 26.05.2009, in paragraph 12 of the judgment, has among other things observed that the prosecution has not proved the charges levelled against the Petitioner/A2 under Sections 147, 148, 294 (b), 355 and 506(2) of I.P.C. and consequently acquitted him under Section 248(1) of Cr.P.C.
(2.) The Learned Counsel for the Petitioner/ A2 takes a plea that the Petitioner/A 2's selection as Armed Reserved Constable is withheld by the Respondent and since the Petitioner/A2 has not been acquitted Honourably in the criminal case by the trial Court and inasmuch as he has been acquitted based on 'benefit of doubt', the same operates as a stigma for his future employment prospects.
(3.) The Learned counsel for the Petitioner/A2 relies on the decision of the Hon'ble Supreme Court in Commissioner of Police and Others Vs. Sandeep Kumar, 2011 4 SCC 644 at 645 to 647, whereby and whereunder, in paragraph Nos. 9 to 11, it is observed and laid down as under: 9. In this connection, we may refer to the character "Jean Valjean" in Victor Hugo's novel Les Miserables, in which for committing a minor offence of stealing a loaf of bread for his hungry family Jean Valjean was branded as a thief for his whole life. The modern approach should be to reform a person instead of branding him as a criminal all his life. 10. We may also here refer to the case of Welsh students mentioned by Lord Denning in his book Due Process of Law. It appears that some students of Wales were very enthusiastic about the Welsh language and they were upset because the radio programmes were being broadcast in the English language and not in Welsh. They came up to London and invaded the High Court. They were found guilty of contempt of court and sentenced to prison for three months by the High Court Judge. They filed an appeal before the Court of Appeals. Allowing the appeal, Lord Denning observed: I come now to Mr. Watkin Powell's third point. He says that the sentences were excessive. I do not think they were excessive, at the time they were given and in the circumstances then existing. Here was a deliberate interference with the course of justice in a case which was no concern of theirs. It was necessary for the Judge to show--and to show to all students everywhere--that this kind of thing cannot be tolerated. Let students demonstrate, if they please, for the causes in which they believe. Let them make their protests as they will. But they must do it by lawful means and not by unlawful. If they strike at the course of justice in this land--and I speak both for England and Wales--they strike at the roots of society itself, and they bring down that which protects them. It is only by the maintenance of law and order that they are privileged to be students and to study and live in peace. So let them support the law and not strike it down. But now what is to be done? The law has been vindicated by the sentences which the Judge passed on Wednesday of last week. He has shown that law and order must be maintained, and will be maintained. But on this appeal, things are changed. These students here no longer defy the law. They have appealed to this Court and shown respect for it. They have already served a week in prison. I do not think it necessary to keep them inside it any longer. These young people are no ordinary criminals. There is no violence, dishonesty or vice in them. On the contrary, there was much that we should applaud. They wish to do all they can to preserve the Welsh language. Well may they be proud of it. It is the language of the bards--of the poets and the singers--more melodious by far than our rough English tongue. On high authority, it should be equal in Wales with English. They have done wrong--very wrong--in going to the extreme they did. But, that having been shown, I think we can, and should, show mercy on them. We should permit them to go back to their studies, to their parents and continue the good course which they have so wrongly disturbed. (Vide Morris v. Crown Office, QB at p. 125C-H.) In our opinion, we should display the same wisdom as displayed by Lord Denning. 11. As already observed above, youth often commits indiscretions, which are often condoned. 12. It is true that in the application form the respondent did not mention that he was involved in a criminal case under Sections 325/34 IPC. Probably he did not mention this out of fear that if he did so he would automatically be disqualified. At any event, it was not such a serious offence like murder, dacoity or rape, and hence a more lenient view should be taken in the matter.;