Madras High Court
Dhinesh vs State Rep. By on 7 September, 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2022
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
CRL.R.C.No.541 of 2016
Dhinesh ... Petitioner
Vs.
State rep. By
Inspector of Police
Chennimalai Police Station,
Erode District.
Cr.No.315/2011 ... Respondent/Complainant
PRAYER: Criminal Revision Case is filed under Section 397 r/w 401 of the
Code of Criminal Procedure, to set-aside the order dated 26.02.2016 made in
C.A.No.107 of 2015 on the file of the I Additional Sessions Judge, Erode,
confirming the Judgment dated 11.03.2015 made in J.C.No.107 of 2013 on
the file of the Juvenile Justice Board, Erode.
For Petitioner : No appearance
For Respondent : Mr.N.S.Suganthan
Government Advocate (Crl.Side)
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ORDER
This Criminal Revision Case has been filed to set-aside the order dated
26.02.2016 made in C.A.No.107 of 2015 on the file of the I Additional
Sessions Judge, Erode, confirming the Judgment dated 11.03.2015 made in
J.C.No.107 of 2013 on the file of the Juvenile Justice Board, Erode.
2. The revision petitioner is the second accused in a case where he
along with the first accused was charged for the offences under Sections 448,
450, and 376 of IPC. Since at the time of occurrence, the petitioner was a
juvenile, the case was tried by the Juvenile Justice Board, Erode, in J.C.No.107
of 2013. The victim was also a minor girl studying in XI standard. After
examination of 8 witnesses and 12 exhibits, the Board found that this
petitioner along with other accused, had trespassed into the house of the victim
and forcibly committed rape. Being a juvenile offender, the Board has
sentenced this petitioner to undergo 2 years stay in the Special Home till he
attains the age of 21 years. On an appeal preferred by this petitioner, the First
Additional Sessions Judge, Erode, in C.A.No.107 of 2015 vide order dated
26.02.2016 has confirmed the judgment of the Juvenile Justice Board, Erode.
3. This revision case is filed stating that there was no independent
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witnesses for the occurrence and wearing apparels of the victim girl was not
seized. The absence of external injury of the victim girl created a doubt and
also delay in lodging the complaint would render the case of the prosecution
unbelievable. The case is that the minor girl while washing clothes outside the
house was forcibly taken inside the house by the juvenile petitioner and after
tagging her mouth, forcibly committed rape. The doctor who has examined the
victim girl has recorded the injury on her private part. The victim girl had
deposed about the manner in which she was ravished by the accused persons.
4. The learned Government Advocate (Crl.Side) has submitted that
though the prosecution has proved the case beyond doubt, the offenders being
juveniles, the Board has directed them to be detained in the Children Home till
they reach the age of 21 years. As far as this petitioner is concerned, pending
trial, he was confined at Coimbatore Children Home for 14 days and
thereafter at Vellore Children Home for six months. After conviction and
confirmation of conviction by the Appellate Court, he was confined in the
Children Home for few months. Later, he was released. In the year 2018, the
petitioner married one Gayathri and presently living with his family at
Vengamedu. He is presently 28 years old and nothing survives in this revision
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petition.
5. This court records the same and the revision case is disposed of
accordingly.
07.09.2022
Index: Yes/No
Internet: Yes/No
gv
To
Inspector of Police
Chennimalai Police Station,
Erode District.
Cr.No.315/2011
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DR. G. JAYACHANDRAN., J.
gv
CRL.R.C.No.541 of 2016
07.09.2022
https://www.mhc.tn.gov.in/judis
