ESAKKIAMMAL Vs. STATE REP. BY THE INSPECTOR OF POLICE
LAWS(MAD)-2013-1-330
HIGH COURT OF MADRAS
Decided on January 28,2013

Esakkiammal Appellant
VERSUS
STATE REP. BY THE INSPECTOR OF POLICE Respondents

JUDGEMENT

- (1.) THE Petitioners/A1 and A2 have preferred the instant Criminal Revision Petition as against the Judgment dated 06.11.2012 made in S.T.C.No.1313 of 2012 passed by the Learned Judicial Magistrate, Valliyoor, in acquitting them based on 'Benefit of Doubt'. Further, they have prayed for an issuance of an order by this Court for their 'Honorary Acquittal'.
(2.) THE Learned Judicial Magistrate, Valliyoor, while passing the impugned Judgment in S.T.C.No.1313 of 2012 on 06.11.2012 has inter alia observed that P.W.1/victim has turned hostile and further, only based on the evidence of P.W.2, it cannot be accepted that the charges levelled against the Accused have been established beyond reasonable doubt on the side of the prosecution and consequently, acquitted the Accused Nos.1 and 2 in respect of the offence under Sections 294(b) and 323 of I.P.C., giving them 'Benefit of Doubt'. At this stage, the Learned counsel for the Petitioners has filed a memo stating that the Revision Petition may be dismissed as not pressed insofar as the first Petitioner/A1 is concerned. The memo is recorded and the Criminal Revision Petition in respect of the first Petitioner/A1 is dismissed as not pressed.
(3.) IN regard to the second Petitioner/A2, the Learned counsel for the Second Petitioner submits that the second Petitioner has been acquitted by the trial Court, by means of judgment dated 06.11.2012 in S.T.C.No.1313 of 2012 based on 'Benefit of Doubt', being granted in her favour and in fact, the second Petitioner/A2 has been selected for the post of Grade II Women Police Constable in Tamil Nadu Police Department and also that she appeared in the competent examination and has undergone the physical test and finally, she got selected for the post of Grade II Woman Police Constable. Since, she has not got an order of 'Honourable Acquittal', she has filed the present Revision Petition because of the fact that her Acquittal on 'Benefit of Doubt' operates as a stigma to her in her future prospects/career.;


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