CHENNAI: The conviction and sentence of three years RI in respect of two main accused in the Vachathi riot and rape case have been stayed by the Madras High Court on Tuesday.
Justice Aruna Jagadeesan, who granted the interim relief, said that the duo -- M Harikrishnan, Principal Chief Conservator of Forest, and S Balaji, District Forest Officer (Ramnad) -- should appear before the lower court in Dharmapuri on the first working day of every month for three months.
The judge was passing interim orders on the criminal appeals from the duo challenging the order dated September 29 last of Dharmapuri district Principal District and Sessions Judge S Kumaraguru, who had awarded sentences ranging from one to 10 years.
In all, there were 269 accused in the case, consisting of forest officials, cops and revenue officials. The charge against them was that they entered the village on June 20, 1992, and under the pretext of searching smuggled sandalwoods, assaulted the villagers, ransacked their property and raped 18 tribal women. Cases were registered against 269 persons. Of them, 54 died during the investigation and trial. The trial proceeded against the remaining accused -- 126 forest personnel including four IFS officers, 84 police personnel and five revenue officials. After finding them all guilty for offences under various sections of the IPC, SC/ST (Prevention of Atrocities) Act, the judge awarded sentences ranging from one to 10 years.
Aggrieved, Harikrishnan and Balaji, accused number 1 and 4 respectively, moved the Madras High Court with criminal appeals. They contended that the trial court had erred in convicting them based on the discrepant testimony of the prosecution witnesses. They only performed their duties. There was no evidence to show that they shieled the offenders from punishment.
Above all, the prosecution had not obtained the previous sanction from the government. When their action had reasonable nexus with their official duty, sanction from the appropriate authority was necessary to prosecute them. Hence, their conviction and sentence were vitiated, they contended.