Man who broke Jaya’s portrait set free by HC

Trial court had imposed a sentence of a year’s RI

The Madras High Court on Friday set aside the conviction and sentence of one year of rigorous imprisonment imposed by a lower court on a person for having reportedly trespassed into the Chennai Corporation office at Ripon Buildings here on September 21, 2001 and smashed the portrait of the then Chief Minister Jayalalithaa.

Justice C.T. Selvam allowed a criminal revision preferred by C. Tamilvendan in 2010 and set aside the conviction as well as sentences imposed by the Chief Metropolitan Magistrate court here under various provisions of law on February 24, 2003.

The conviction had been upheld by an Additional Sessions Court too on January 11, 2010 and hence the present revision.

‘Parrot-like’ evidence

Observing that the evidence adduced by the witnesses in the case was “parrot like,” Mr. Justice Selvam held that it would not be safe to confirm the conviction on the basis of such evidence. “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, is tell tale,” the judge said.

The trial court had imposed a sentence of six months of rigorous imprisonment on the petitioner for the offence under Section 353 (assault or use of criminal force to deter public servant from discharging his duty) of the IPC and one year of rigorous imprisonment under the Tamil Nadu Public Property (Prevention of Damage and Loss) Act of 1992.