Madras High Court
K.Marimuthu vs The State Rep. By on 19 July, 2021
Crl.A.No.632 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.A.No.632 of 2019 and
Crl.M.P.No.13606 of 2019
K.Marimuthu ... Appellant
vs.
The State rep. by
The Deputy Superintendent of Police,
Varanjaram Police Station,
Villupuram District
(Crime NO.124 of 2015) ... Respondent
The Criminal Appeal filed under Section 374(2) of Cr.P.C. praying
to call for records and to set aside the judgment and sentence dated
27.08.2019 imposed in Special S.C.No.38 of 2016 on the file of the
learned Sessions Judge, Special Court for SC/ST Act Cases, Villupuram.
For Appellant : Mr.R.Vivekanandan
For respondent : Mr.S.Sugendran
Government Advocate (Crl.Side)
--------
JUDGMENT
The above criminal appeal has been filed against the judgment
and sentence dated 27.08.2019 imposed in Special S.C.No.38 of 2016
on the file of the learned Sessions Judge, Special Court for SC/ST Act
Cases, Villupuram.
https://www.mhc.tn.gov.in/judis/
Crl.A.No.632 of 2019
2 Heard the learned counsel appearing for the appellant and
the learned Government Advocate (Crl.Side) appearing for the
respondent.
3 It is contended by the learned counsel for the appellant
that the alleged occurrence said to have taken place on 03.07.2015
and the appellant and others were charged for the offences under
Sections 147, 148, 294(b), 323, 324, 326, 506(ii) IPC r/w 3(1)(x) of
SC/ST (PoA) Act, 1989, but, the Sessions Court framed charges under
amended Act i.e. 3(1)(r)(s) of SC/ST (PoA) Act, 2015, which came into
force only on 31.12.2015 w.e.f.26.01.2016. It is stated that the trial
Court wrongly framed charges under amended Act and convicted,
which is not sustainable in law.
4 It is seen that the trial Court framed charges under the
amended Act i.e. 3(1)(r)(s) of SC/ST (PoA), 2015, which came into
force on 31.12.2015 w.e.f.26.01.2016, whereas the offence
committed on 03.07.2015 i.e. before the amended Act come into
force.
https://www.mhc.tn.gov.in/judis/
Crl.A.No.632 of 2019
5 Hence, without going into the merits of the case, the
judgment of conviction and sentence dated 27.08.2019 imposed in
Special S.C.No.38 of 2016 by the learned Sessions Judge, Special
Court for SC/ST Act Cases, Villupuram, is hereby set aside and the
matter is remanded back to the learned Sessions Judge to alter the
charges according to Old Act and pronounce judgment accordingly.
6 This Criminal Appeal is disposed of accordingly.
Consequently connected miscellaneous petition is closed.
19.07.2021
Index: Yes/No
Speaking order/Non-speaking order
cgi
To
1. The Sessions Judge,
Special Court for SC/ST Act Cases, Villupuram.
2. The Deputy Superintendent of Police,
Varanjaram Police Station,
Villupuram District
3. The Public Prosecutor, High Court of Madras.
https://www.mhc.tn.gov.in/judis/
Crl.A.No.632 of 2019
P.VELMURUGAN,J.
cgi
Crl.A.No.632 of 2019 and
Crl.M.P.No.13606 of 2019
https://www.mhc.tn.gov.in/judis/
Crl.A.No.632 of 2019
19.07.2021
https://www.mhc.tn.gov.in/judis/
