Trial court slammed for mix-up of convict’s name

Observing that the way the trial court has handled this case is far from satisfactory, Justice PN Prakash directed the registry to call for the photocopies of the records in the said case from the file of the Principal Sessions Court, Krishnagiri, immediately.

As per the case, a FIR in Pennagaram police station was registered in 2000 against Nanjappan (A1) and Saravanan (A2) and thereafter, a charge sheet was registered against the duo under Sections 323 and 506(ii) IPC and under section 3(i)(x) of the SC/ST Act before the Judicial Magistrate, Pennagaram.

But since Saravanan absconded, the case against him was split up and committed to the Sessions Court, Krishnagiri. Thereafter, based on a plea filed by Nanjappan in 2002, he was discharged by an order dated June 24, 2004.

Subsequently, Saravanan was remanded by the Judicial Magistrate, Pennagaram on August 19, 2008 and his case was committed to the Sessions Court in Dharmapuri because by then Krishnagiri was bifurcated. But at the Dharmapuri Sessions Court, charges were framed against Saravanan and trial held against him. But thereafter, in a judgement dated August 26, 2011, the Principal Sessions Judge had convicted and sentenced Nanjappan instead of convicting and sentencing Saravanan.

However, Saravanan paid a fine of Rs 1,000 at the Principal Sessions Court, Dharmapuri and based on Nanjappan’s plea, the High Court had suspended the sentence of imprisonment with a direction to execute a bond before the trial court.

Justice Prakash on taking stock of the facts, which had come to light only now, directed the registry to call for the bail bond and sureties executed pursuant to the order dated September 27, 2011. Also, directing the registry to send a fact copy of the order to the Principal Sessions Judge Krishnagiri and Dharmapuri, the Judge directed both to discuss the matter and send the photocopies of the records referred.

Justice Prakash also directed Hognekkal police to produce both the accused-Nanjappan and Saravanan, before him on January 21, 2019.