Lakshmi @ Athilakshmi @ Astalakshmi vs The Inspector of Police
- Court
- Madras High Court
CRL RC(MD)No.922 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved On: 07.10.2026
Delivered On: 03.11.2026
CORAM:
THE HONOURABLE MR.JUSTICE B.MURUGESAN
CRL RC(MD) No. 922 of 2021
CNR:{HCMD010987962021}
Lakshmi @ Athilakshmi @ Astalakshmi ... Petitioner
Vs.
The Inspector of Police,
Virudhunagar Bazar Police Station,
Virudhunagar District
In Crime No.855 of 2010 ... Respondent
PRAYER: Criminal Revision filed under Section 397 & 401 Cr.P.C., to
call for the records in the case in Additional District and Sessions Court,
Virudhunagar in Crl.A.No.05/2016 on 17.11.2021 in confirming the
conviction and sentence imposed by the Judicial Magistrate Court No.1,
Virudhunagar in C.C.No.155/2011 on 05.01.2016 and allow this criminal
revision petition.
For Petitioner : Mr.M.Jothi Basu
For Respondent : Mr.D.Venkatesh,
Additional Public Prosecutor.
ORDER
Challenging the judgment dated 17.11.2021 of the Additional
District and Sessions Judge, Virudhunagar, hereinafter referred to as
‘the appellate court’, in the criminal appeal in CA No.05/2016,
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confirming the conviction and sentences of the Judicial Magistrate I,
Virudhunagar, hereinafter referred to as ‘the trial court’, in CC
No.155/2011, the revision petitioner/A2 has filed this Criminal
Revision Petition under S.438 BNSS.
02. For the sake of convenience, the parties are referred
hereunder according to their litigative status and ranking in this
criminal revision, 'the revision petitioner' and 'the revision respondent',
unless the context otherwise requires.
03. Prefatory facts are that on the complaint of one Saroja that on
22.09.2010 at about 10.30 hrs, when Saroja was alone at her house,
A1, Sundari, and her friend, the revision petitioner/A2, under the guise
of redeeming the jewels pledged by A1, trespassed into the house of
Saroja, snatched her jewels by force and caused her injuries, a case in
Cr No.885/2010 was registered by the revision respondent, that
consequently, a case was taken on the file of the trial court in CC
No.155/2021, that the trial court, after trial, convicted A1 and A2 and
sentenced them to undergo two years rigorous imprisonment and to
pay a fine of Rs.100/-, in default, to undergo a further period of two
months simple imprisonment for the offence under S.451 IPC and also
sentenced them to undergo three years rigorous imprisonment and to
pay a fine of Rs.100/-, in default, to undergo a further period of six
months simple imprisonment for the offence under S.394 IPC, that the
appellate court, in the criminal appeal filed by the revision
petitioner/A2 in CA No.05/2016, has confirmed the conviction and
sentences of the trial court, dismissing the criminal appeal.
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CRL RC(MD)No.922 of 2021
04. Challenging such dismissal of the criminal appeal in CA
No.05/2016, the revision petitioner/A2 has filed this criminal revision.
05. Heard both sides, and perused all the materials available.
06. Learned counsel for the revision petitioner would submit that
A1 is dead, that even according to the complaint, Ex.P2, A1 was the
perpetrator of the crime, that the revision petitioner/A2 did not enter
into the house of Saroja but she was standing outside the house, that
Saroja, on account of her death, was not examined before the trial
court, that PW1, PW2 and PW3 are not only relatives but also hearsay
witnesses, that therefore, the case of the prosecution hinges upon the
complaint, Ex.P2, which would obviously exclude the revision
petitioner from the crime, that the charges as under S.451 and S.394
IPC would not come into operation as against the revision petitioner,
that PW4, meant for observation mahazar and rough sketch, has turned
hostile, that PW5 and PW6, meant for the arrest of the accused, the
confessions of the accused and the consequent recoveries of the jewels,
have also turned hostile, that when the injury is said to have been
caused by A1, the medical evidence would have no role against the
revision petitioner, that therefore, the judgments of the courts below as
against the revision petitioner are absolutely against the materials on
record besides erroneous and perverse and that therefore, this criminal
revision needs to be allowed, setting aside the conviction and sentences
of the courts below.
07. Learned Additional Public Prosecutor would submit that the
death of Saroja would have no impact on the charges levelled against
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the revision petitioner, that when the jewels robbed by the revision
petitioner and A1 have been recovered in pursuance of their
confessions, such confessions and such recoveries, in addition to the
complaint, Ex.P2, would bring home the offences, that the revisional
court, however, cannot re appreciate the evidence already appreciated
by the courts below, that the judgments of the courts below do not
suffer any sort of illegality or infirmity warranting the interference of
this court, that the revision petitioner who has lost her case in the
courts below is trying to catch fish in troubled waters, that the
judgments of the courts below as against the revision petitioner are not
against the materials on record as claimed by the revision petitioner
and that therefore, this criminal revision deserves for dismissal.
08. Point for determination is whether the revision petitioner/A2
is entitled to get an order, allowing this criminal revision and setting
aside the conviction and sentences of the trial court in CC No.155/2011
as confirmed by the appellate court in CA No.05/2016?
09. Amit Kapoor V Ramesh Chander and another
(AIRONLINE 2012 SC 668) is a case where the Hon’ble Supreme
Court, while explaining the scope of revisional jurisdiction, has held as
under:
‘ 8. Before examining the merits of the present case,
we must advert to the discussion as to the ambit and scope
of the power which the courts including the High Court can
exercise under Section 397 and Section 482 of the Code.
Section 397 of the Code vests the court with the power to
call for and examine the records of an inferior court for the
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CRL RC(MD)No.922 of 2021
purposes of satisfying itself as to the legality and regularity
of any proceedings or order made in a case. The object of
this provision is to set right a patent defect or an error of
jurisdiction or law. There has to be a well- founded error
and it may not be appropriate for the court to scrutinize the
orders, which upon the face of it bears a token of careful
consideration and appear to be in accordance with law. If
one looks into the various judgments of this Court, it
emerges that the revisional jurisdiction can be invoked
where the decisions under challenge are grossly erroneous,
there is no compliance with the provisions of law, the
finding recorded is based on no evidence, material evidence
is ignored or judicial discretion is exercised arbitrarily or
perversely. These are not exhaustive classes, but are merely
indicative. Each case would have to be determined on its
own merits.
10. Charges as against the revision petitioner/A2 are under S.451
IPC and S.394 IPC simpliciter , sans common intention as under S.34
IPC or abetment as under S.109 IPC. In other words, the revision
petitioner is charged as if she had committed the overt acts as under
S.451 IPC and S.394 IPC.
11. S.451 IPC would read as under:
451. House-trespass in order to commit offence punishable
with imprisonment.—
Whoever commits house-trespass in order to the
committing of any offence punishable with imprisonment,
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shall be punished with imprisonment of either description
for a term which may extend to two years, and shall also
be liable to fine; and if the offence intended to be
committed is theft, the term of the imprisonment may be
extended to seven years.
S.442 IPC defines house trespass as under:
442. House trespass.—
Whoever commits criminal trespass by entering into
or remaining in any building, tent or vessel used as a
human dwelling or any building used as a place for
worship, or as a place for the custody of property, is said to
commit “house-trespass”.
Explanation.—The introduction of any part of the
criminal trespasser’s body is entering sufficient to
constitute house-trespass.
S.441 IPC defines criminal trespass as under:
441. Criminal trespass.—
Whoever enters into or upon property in the
possession of another with intent to commit an offence or
to intimidate, insult or annoy any person in possession of
such property, or having lawfully entered into or upon
such property, unlawfully remains there with intent
thereby to intimidate, insult or annoy any such person, or
with intent to commit an offence, is said to commit
“criminal trespass”
In essence, entering into or remaining in any building or property is
sine qua non for the offence punishable under S.451 IPC.
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12. S.394 IPC would read as under:
394. Voluntarily causing hurt in committing robbery.—
If any person, in committing or in attempting to commit
robbery, voluntarily causes hurt, such person, and any other
person jointly concerned in committing or attempting to
commit such robbery, shall be punished with imprisonment
for life, or with rigorous imprisonment for a term which
may extend to ten years, and shall also be liable to fine.
S.390 IPC defines the robbery as under:
390. Robbery.—
In all robbery there is either theft or extortion.
When theft is robbery .— Theft is “robbery” if, in order to
the committing of the theft, or in committing the theft, or in
carrying away or attempting to carry away property
obtained by the theft, the offender, for that end, voluntarily
causes or attempts to cause to any person death or hurt or
wrongful restraint, or fear of instant death or of instant hurt,
or of instant wrongful restraint.
When extortion is robbery .— Extortion is “robbery” if
the offender, at the time of committing the extortion, is in
the presence of the person put in fear, and commits the
extortion by putting that person in fear of instant death, of
instant hurt, or of instant wrongful restraint to that person
or to some other person, and, by so putting in fear, induces
the person so put in fear then and there to deliver up the
thing extorted.
Explanation.— The offender is said to be present if
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he is sufficiently near to put the other person in fear of
instant death, of instant hurt, or of instant wrongful
restraint.
Illustrations
………….
………….
S.383 defines extortion as under:
383. Extortion.—
Whoever intentionally puts any person in fear of any injury
to that person, or to any other, and thereby dishonestly
induces the person so put in fear to deliver to any person
any property or valuable security, or anything signed or
sealed which may be converted into a valuable security,
commits “extortion”.
Illustrations
………..
………..
In essence, hurt caused by the accused to the person extorted is sine
qua non for the offence punishable under S.394 IPC.
13. Here is a case where the victim/de facto complainant was not
able to be examined on account of her death. PW1, the husband, PW2,
the son, and PW3, the wife of PW2, are obviously hearsay witnesses.
What is available to speak about the occurrence is the complaint,
Ex.P2, which would read inter alia as under:
tpUJefh; M];gj;jpupapy; nfd;od; itj;J ,Uf;Fk;
cjaFkhupd; kidtp Re;jup vd;gth; eifia mlFitj;J
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17>500/- fld; thq;fp ,Ue;jhh;. ,d;W 22.09.2010 Mk;
njjp fhiyapy; vd; fzth; btspapy; brd;Wtpl;lhh;. vd;
kUkfs; nfhtpYf;F ngha;tpl;lhu;. nguf;FHe;ijfs;
gs;spf;F brd;W tpl;lhu;fs;. ehd; kl;Lk; jdpahf
tPl;oy; ,Ue;njd;. ,d;W fhiy Rkhu; 10.30 kzpf;F
nkw;go Re;jupa[k; mtuJ njhHp Mjpyl;Rkp te;J
mlkhdk; itj;j eifia jpUg;g ntz;Lbkd;W brhd;dhu;fs;.
ehd; tPl;ow;Fs; ngha; vLf;f nghFk; nghJ Re;jup
vd;gts; vd; tPl;ow;Fs; te;J vd; thia gpoj;J rj;jk;
nghlhky; mKf;fp gpoj;J bfhz;L vdJ Kwf;F jhyp
brapd; Rkhh; 13 gt[ida[k;> rhjh Kwf;F brapd;
Rkhh; 5 gt[d; brapida[k; RHw;wp bfhz;Lk;> iffspy;
nghl;L ,Ue;J 8 tiyas;fs; Rkhu; 10 gt[ida[k;> fk;ky;
khl;ly; 2 gt[ida[k; Rhl;o bfhz;L btspapy; epd;W
bfhz;L ,Ue;j Mjpyl;Rkpia Tl;of; bfhz;L ngha;tpl;lhh;.
ehd; rj;jk;nghl Koahky; fple;jij vd; fzth; te;J ghu;j;J
tpguk; nfl;L vdJ kfDf;F nghd; gz;zp> vd; kfd; tut[k;
tpguk; brhd;ndd;. vdf;F tha; tPq;fp tpl;lJ. mjdhy;
fhty; epiya te;J bknkh bgw;W muR kUj;Jtkidf;F
rpfpr;irf;F nghndd;. eifapd; kjpg;g[ Rkhu; 3
yl;rk; ,Uf;Fk;. fz;Lgpoj;J bfhLf;FkhW nfl;Lf;
bfhs;fpnwd;.
In her complaint, Saroja, the victim/de facto complainant, would state
inter alia that A1 trespassed into her house, snatched her jewels by
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force and caused her injuries and that the revision petitioner/A2 was
standing outside the house without entering into her house.
14. Technically speaking, the revision petitioner did not commit
the act of entering into or remaining in the house of the victim/de facto
complainant in order to bring home the offence punishable under S.451
IPC. And, the revision petitioner did not commit the act of hurting the
victim/de facto complainant in order to bring home the offence
punishable under S.394 IPC.
15. Therefore, when the overt acts as under S.451 IPC and S.394
IPC are not referable or attributable to the revision petitioner who, at
the time of the crime, was standing outside the house without entering
into the house of the victim/de facto complainant, the revision
petitioner has been punished as if she had committed the overt acts as
under S.451 IPC and S.394 IPC.
16. Both PW5 and PW6, meant for the arrest of the accused, the
confessions of the accused and the consequent recoveries of the jewels,
have turned hostile, raising clouds upon the recoveries of the jewels.
Therefore, the alleged recoveries of jewels in consequence of the
alleged confessions would not stand against the revision petitioner.
17. What remains is AR copy of the victim/de facto complainant,
Ex.P14, which indicates ‘two persons’ as the assailants. But, it is trite
that the entries in AR copy cannot be taken as a gospel truth in order to
convict the accused.
18. As discussed earlier, the revision petitioner/A2 has been
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punished as if she had committed the overt acts as under S.451 IPC and
S.394 IPC but the materials on record would show A1 has committed
such overt acts. Therefore, this court finds that the decisions of the
courts below are erroneous and perverse, warranting the interference of
this court.
19. Ergo, this court holds that the revision petitioner/A2 is
entitled to get an order, allowing this criminal revision and setting
aside the conviction and sentences of the trial court in CC No.155/2011
as confirmed by the appellate court in CA No.05/2016, and this point is
answered, accordingly.
20. In fine,
(a) that this criminal revision filed by the revision
petitioner/A2 shall stand allowed,
(b) that the judgment of the appellate court in CA
No.05/2016 confirming the finding and sentences of the trial
court in CC No.155/2011 is hereby reversed,
(c) that the finding and sentence of the trial court in CC
No.155/2011 is also hereby reversed,
(d) that the revision petitioner/A2 is hereby acquitted of
the charges under S.451 IPC and S.394 IPC,
(e) that the revision petitioner/A2 is hereby set at liberty,
(f) that the fine amount, if paid by the revision
petitioner/A2, shall be refunded, and
(g) that the bail bond executed by the revision
petitioner/A2 shall stand cancelled.
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CRL RC(MD)No.922 of 2021
03.11.2026
Index : Yes / No
Neutral Citation : Yes / No
gns
To
1.The Additional District and Sessions Court, Virudhunagar
2.The Judicial Magistrate Court No.1, Virudhunagar
3.The Inspector of Police,
Virudhunagar Bazar Police Station,
Virudhunagar District
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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CRL RC(MD)No.922 of 2021
B.MURUGESAN, J.
gns
Order made in
CRL.RC.(MD)No.922 of 2021
03.11.2026
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