INORDINATE DELAY IN FORWARDING THE FIR TO THE COURT, CREATES INITIAL DOUBT IN THE CASE OF THE PROSECUTION: MADRAS HIGH COURT
The High Court of Madras passed a judgment on 26 April 2023 stating that Inordinate delay in forwarding the FIR to the Court, creates initial doubt in the case of the prosecution .It was stated in the case of ARPUTHAN Vs. INSPECTOR OF POLICE (CRL A.1305/2022) which was passed by the division bench comprising of HONOURABLE JUSTICE M.SUNDAR AND THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR.
FACTS OF THE CASE:
On 29.06.2020, the defacto complainant Rajendran, his wifeJamuna along with Rani, a neighbour were sitting in front of their house in veranda and were talking, at that time the appellant/accused who is residing in the opposite house came with a hammer and attacked on her head uttering . When witness attempted to ward off, her left index finger got injured and fractured. Her husband/defacto complainant who came to her rescue was inflicted with a cut injury on his left ear and thereafter, the appellant fled from the scene of occurrence. Thereafter, the defacto complainant called his friend Narasimman, who came in an auto took the defacto complainant and to Royapettah Government Hospital where Casualty Medical Doctor gave treatment to both and Rajendran, recorded injuries in the Accident Register.
The defacto complainant went to the respondent Police Station, lodged a complaint, who registered the FIR/Sub-Inspector of Police after registration of the case, sent FIR to the Court and informed the higher officials. Investigating Officer on receipt of the same visited the scene of occurrence, prepared observation mahazar, rough sketch in the presence , seized the hammer and blood stained piece of cement floor by Seizure Mahazar. examined the witnesses present in the scene of occurrence and recorded their statement. Further, after getting opinion and medical report altered the sections by alteration report and filed the charge sheet before the concerned Court. In the meanwhile, the appellant/accused obtained anticipatory bail and thereafter, the case was committed to the Court of Sessions
JUDGEMENT OF THE CASE
It is seen that the prosecution had suppressed the genesis and origin of the occurrence and failed to give explanation on the injuries sustained by the accused at the time of occurrence and in the background of well settled proposition of law and in view of the improbabilities, the serious omissions and infirmities, the interested nature of the evidence and other circumstances, it is clear that the prosecution failed to prove the case against the appellant beyond reasonable doubt.
Accordingly, the Criminal Appeal stands allowed. The conviction and sentence passed by the learned XV Additional District and Sessions Judge, Chennai is set aside and the appellant is acquitted of all charges. Appellant is directed to be released forthwith unless his presence/custody is required in connection with any other case. The Bail Bond if any executed stands cancelled. Consequently, connected miscellaneous petition is closed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.