Madurai: The Madurai Bench of the Madras High
Court on Tuesday directed the State government to revoke the
suspension of an Anganwadi worker, who exercised self defence
against an alleged rapist and assaulted him, killing him in
the process.
"This is a fit case of exercising a right of self defence
against the alleged rapist who attempted to rape the
petitioner.For the reason that the deceased succumbed to
injuries 45 days later, cannot be a case for placing her under
suspension," Justice T Raja said while disposing the petition
filed by the petitioner.
The Judge ordered the petitioner, who is in her
mid-thirties, to be reinstated within ten days.
The petitioner`s counsel submitted that Madhukumar, the
deceased, had attempted to rape her in her home in Kodaikanal
on Aug 19, 2011, after coming to know that Vasuki`s husband
was not at home.
The petitioner submitted that she had assaulted Madhukumar
in self defense, in which he suffered injuries.
Submitting that Madhukumar had succumbed to injuries after
45 days despite proper medical treatment, the petitioner`s
counsel argued that his death itself could not place the
petitioner in any criminal culpability. Placing her under
suspension was "wholly unsustainable," the counsel argued.
Agreeing that there was "force in the argument" of the
counsel for the petitioner, the Judge asked her to be
reinstated.
When the Government Pleader said investigation had not been
completed and chargesheet had not been filed, the judge said
the same could be decided before the appropriate criminal
court and asked the petitioner to be reinstated.
PTI
