Madras HC acquits man who damaged portraits of Jaya at Ripon buildings

Chennai: The Madras high court has set aside an order of the III additional sessions judge, Chennai, confirming the order of the chief metropolitan magistrate, convicting and sentencing an accused to one year RI for allegedly damaging the photograph of the then Chief Minister J.Jayalalithaa in 2001.

Justice C.T.Selvam set aside the order on a petition filed by the accused C.Tamilvendan.

The prosecution case was that on September 21, 2001, Tamilvendan entered into the office of the Chennai corporation at Ripon buildings and caused damage to the photographs of the then chief minister kept at the entrance and second floor of the building. A case was registered against him for offences under section 353 IPC and section 3 (1) of the Tamil Nadu Property (Prevention of Damage and Loss) Act. The CMM had on February 24, 2003, convicted and sentenced him to under go one year 1 RI and it was confirmed by the III additional sessions judge on January 11, 2010. Aggrieved, he filed the present petition.

The judge said this court finds that independent witnesses have been avoided, the evidence of alleged eye witnesses was parrot like and in the circumstances, the irresistible conclusion would be that they had no room to depose freely and were bound to stick to the official tale. The examination of two witnesses, who admittedly were railway ticket brokers, in support of the tale of recovery of broken photo frame and glass pieces, was telltale, the judge added.