Allowed
Radhakrishna Naik v. N.P. Thomas
Kerala HCCrl.L.P./166/2017
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from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 9TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946
CRL.L.P. NO. 166 OF 2017
CALENDAR CASE NO.580 OF 2008 BEFORE THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE -I, ETTUMANOOR DATED 30.12.2016 PETITIONER/COMPLAINANT:
1 RADHAKRISHNA NAIK
AGED 79 YEARS,S/O.NARAYANA NAIK, DEVASWOM PARAMBIL,PAZHAYATHIRUMALA WARD,MULLACKAL WARD,ALAPPUZHA.
2 PUSHPALATHA (ADDL.2ND PETITIONER) D/O.RADHAKRISHNA NAIK, AGED 59 YEARS, RESIDING AT DEVASWOM PARAMBIL, PAZHAYATHIRUMALA WARD, MULLACKAL VILLAGE, ALAPPUZHA – 688011 (ADDL. 2ND PETITIONER IMPLEADED AS PER ORDER DATED 21/2/2024 IN CRL.M.A.1/2024)
BY ADVS.
S. RANJIT GOKUL DAS V.V.H.(K/420-A/2005)
RESPONDENTS/ACCUSED AND THE STATE:
THIS CRIMINAL LEAVE PETITION HAVING COME UP FOR ADMISSION ON 09.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
Crl.L.P.No.166 of 2017
P.G. AJITHKUMAR, J.
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Crl.L.P No.166 of 2017
-----------------------------------------------------Dated this the 9th day of April, 2024
O R D E R
Fresh Vakalath is filed for the Additional 2nd petitioner.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
The trial was held on a charge of the offence punishable under Section 420 of the Indian Penal Code, 1860. The trial court after appreciating the evidence, major portion of which is the oral evidence, found that the prosecution failed to prove commission of the offence beyond reasonable doubt. Since the findings are based, essentially, on the appreciation of oral evidence, I am of the view of that there exists sufficient reason to grant leave to appeal against the judgment of acquittal.
Hence this petition is allowed.
Sd/- P.G. AJITHKUMAR, JUDGE
PV
1 provisions across 1 enactments
Radhakrishna Naik
Pushpalatha
N.P. Thomas
The State of Kerala
P.G. Ajithkumar
As recorded by the court registry
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