Madras High Court
Iyyammal vs The State Represented By on 16 July, 2021
CRL.R.C.(MD).No.791 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :16.07.2021
CORAM
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
CRL.R.C.(MD).No.791 of 2017
Iyyammal
W/o.Selvaraj ... Petitioner
Vs.
The State Represented by
The Sub Inspector of Police,
DCB Police Station,
Tuticorin
Tuticorin District. ... Respondent
(Cr.No.182 of 2003)
PRAYER: Criminal Revision Petition filed under Sections 379 r/w 401 of
Cr.P.C, to call for records to the judgement dated 19.09.2017 in C.A.No.55 of
2016 passed by the learned Second Additional Sessions Court, Tuticorin, which
confirmed the judgment of conviction and the sentence passed by the Judicial
Magistrate Court No.1, Tuticorin in C.C.No.57 of 2004 dated 14.10.2016 and
set aside the same.
For Petitioner : Mr.B.Rajesh Saravanan
For Respondent : Mr.T.Senthil Kumar
Government Advocate(Crl.Side)
1/7
https://www.mhc.tn.gov.in/judis/
CRL.R.C.(MD).No.791 of 2017
ORDER
When the case came up for hearing on 28.06.2021, Mr.B.Rajesh
Saravanan, the learned counsel for the petitioner made a submission that the
petitioner namely Iyyammal had been convicted for the offence under Sections
468 and 471 of IPC for altering her +2 mark sheet conducted by the Tamil Nadu
Higher Secondary Education, to obtain admission in college. While undergoing
her degree, the same was found out by the College Authorities. Therefore, the
case has been filed.
2. The case has been registered by the District Crime Branch,
Thoothukudi and the investigation officer completed the investigation and filed
a final report before the learned Judicial Magistrate No.I, Thoothukudi and the
same was taken on file in C.C.No.57 of 2004. The learned Judicial Magistrate
No.I, Thoothukudi by judgment dated 09.02.2004 convicted the accused to
undergo 2 years of simple imprisonment with the fine of Rs.100/- for the
offence under Section 468 of IPC and another one year simple imprisonment
with a fine of Rs.100/- for the offence under Section 471 of IPC.
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CRL.R.C.(MD).No.791 of 2017
3. Against the order of conviction, the accused preferred an appeal in
C.A.No.55 of 2016 on the file of the learned II Additional Sessions Court,
Thoothukudi. After hearing the arguments, the learned II Additional Session
Court Thoothukudi had confirmed the judgment of the learned Judicial
Magistrate No.I, Thoothukudi and dismissed the appeal.
4. Against the dismissal of the C.A.No.55 of 2016 dated 19.09.2017, this
Criminal Revision Petition has been filed.
5. When the Crl.R.C(MD).No.791 of 2017 was taken up for final
disposal, the learned counsel for the revision petitioner sought indulgence of
this Court that he does not want to persecute the revision. The learned counsel
pleads for a specific request. He would submit that the accused had already
undergone imprisonment prior to the conviction and the period of remand
already undergone by the petitioner may be set-off.
6. The learned Government Advocate (Crl.Side) objected the same and
sought time to verify the antecedents of the revision petitioner, through the
SHO concerned police Station. Hence, this case was adjourned to 16.07.2021.
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CRL.R.C.(MD).No.791 of 2017
7. In the mean while, the learned counsel for the revision petitioner was
directed to produce the revision petitioner personally before the learned
Registrar Judicial of this Court along with proof of identity and also an
affidavit with regard to she has does not have any other case. The learned
Government Advocate (Crl.Side) was directed to verify through the SHO of the
police concerned regarding the antecedents of the petitioner herein. The
learned Government Advocate(Crl.Side) was advised to direct the SHO of the
Police concerned to appear before this Court along with relevant records of this
case.
8. As per the direction of this Court, the revision petitioner had appeared
along with proof of identity and affidavits and Mrs.T.Vanitha Rani, Inspector of
Police, District Crime Branch, Thoothukudi had also appeared before this Court
along with a report, wherein it is stated that she has enquired the petitioner and
this accused does not have any bad antecedents.
9. The learned counsel for the revision petitioner had filed an affidavit of
the petitioner that he shall not commit any offence in future and also submit
that he committed such mistake at the age of 21 and now she had married and
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CRL.R.C.(MD).No.791 of 2017
she is living with her two children. Therefore, he seeks indulgence of this
Court to consider her case sympathetically.
10. The affidavit filed by the revision petitioner and the report of the
Inspector of Police, District Crime Branch, Thoothukudi shall form part of the
record.
11. Considering the present circumstance and the request of the learned
counsel for the revision petitioner and also the report filed by the Inspector of
Police, District Crime Branch, Thoothukudi, this Court is inclined to consider
this case sympathetically.
12. Accordingly, the judgment of conviction dated 19.09.2017 in C.A.No.
55 of 2016 passed by the learned Second Additional Sessions Court, Tuticorin,
confirming the judgment of conviction passed by the Judicial Magistrate Court
No.1, Tuticorin in C.C.No.57 of 2004 dated 14.10.2016 is confirmed. The
period of imprisonment already undergone by the revision petitioner/accused is
set off.
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CRL.R.C.(MD).No.791 of 2017
13. In the result, the revision petition is partly allowed with the above
modification. No Costs.
16.07.2021
Index:Yes/No
Internet:Yes/No
tta
Note:(i) In view of the present lock down owing
to COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the
correct copy, shall be the responsibility of the
advocate/litigant concerned.
To,
1.The State Represented by
The Sub Inspector of Police,
DCB Police Station,
Tuticorin
Tuticorin District.
2.The learned Second Additional Sessions Court, Tuticorin,
3.The Judicial Magistrate Court No.1, Tuticorin
https://www.mhc.tn.gov.in/judis/
CRL.R.C.(MD).No.791 of 2017
SATHI KUMAR SUKUMARA KURUP,J
tta
CRL.R.C.(MD).No.791 of 2017
16.07.2021
https://www.mhc.tn.gov.in/judis/
