High Court Kerala High Court

Unnikrishnan.K vs State Of Kerala on 19 January, 2010

Kerala High Court
Unnikrishnan.K vs State Of Kerala on 19 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 245 of 2010()



1. UNNIKRISHNAN.K
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.KALEESWARAM RAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :19/01/2010

 O R D E R
                         V. RAMKUMAR, J.
                * * * * * * * * * * * * * * * * * *
                     Crl.R.P. NO. 245 of 2010
                * * * * * * * * * * * * * * * * * *
                   Dated: 19th January, 2010

                              ORDER

The revision petitioner who was the accused in C.C. No. 271

of 2007 on the file of the J.F.C.M. II, Perambra for offences

punishable under Sections 323 and 324 I.P.C. was convicted by

the trial court for both the offences. On appeal by him before

the Sessions Court as Crl.Appeal No. 860/2008 the Addl.

Sessions Court (Adhoc-II), Kozhikode as per judgment dated 11-

11-2009 acquitted the petitioner of the offence punishable

under Sec. 324 I.P.C. but confirmed his conviction under Section

323 I.P.C. and he was directed to be released after due

admonition under Sec. 3 of the Probation of Offenders Act, 1958.

It is aggrieved by the said order passed by the lower appellate

court that the revision petitioner has approached this Court.

2. Heard the learned counsel for the revision petitioner

and the Public Prosecutor.

3. No sentence has been awarded to the revision

petitioner for his conviction under Section 323 I.P.C. Section

Crl.R.P. NO. 245 of 2010 -:2:-

12 of the Probation of Offenders Act specifically enacts that the

stigma of conviction will not be there in the case of a person

who has been released after admonition under Section 3 of the

Probation of Offenders Act. Such being the position, the

petitioner who is employed as a Senior Assistant in the K.S.E.B.

need not have any apprehension of any disqualification arising

out of the conviction recorded in this case. Clarifying this

position, this Revision is disposed of.

Dated this the 19th day of January, 2010.

V. RAMKUMAR,
(JUDGE)

ani.