Madras High Court
The Inspector Of Police vs Rubesh @ Sahaya George Rubesh on 14 June, 2023
Crl.O.P.(MD)No.10561 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
CRL.O.P.(MD)No.10561 of 2023
in
CRL.A.(MD)SR.No.28242 of 2021
The Inspector of Police,
Kottar Police Station,
Kanniyakumari District.
(Crime No.288 / 2007) ... Petitioner / Appellant
Vs.
1.Rubesh @ Sahaya George Rubesh
2.Sahaya Anand
3.Antony Arokiya Jagan ... Respondents / Respondents
PRAYER in CRL.O.P.(MD)No.10561 of 2023: Petition filed under
Section 378(3) Cr.P.C., praying this Court to grant leave to file an appeal
against the acquittal judgment passed in the Court of Sessions
Kanniyakumari Division at Nagercoil in S.C.No.58 of 2008, dated
02.05.2017.
1/5
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.10561 of 2023
PRAYER in CRL.A(MD)SR.No.28242 of 2021: Appeal filed under
Section 378(i) Cr.P.C., praying this Court to set aside the acquittal rendered
in judgment dated 02.05.2017 made in Sessions Case No.58 of 2008 on the
file of the Court of Sessions, Kanniyakumari District at Nagercoil.
For Petitioner : Mr.A.Thiruvadikumar,
Additional Public Prosecutor
For Respondents : Mr.G.Ramanathan
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.)
The prosecution has filed this petition seeking leave to challenge
the acquittal judgment passed by the Court of Sessions, Kanniyakumari
Division at Nagercoil in S.C.No.58 of 2008, dated 02.05.2017.
2.Heard the learned Additional Public Prosecutor for the petitioner
/ appellant and the learned counsel for the respondents.
3.It is to be noted that as against the very same acquittal judgment
made in S.C.No.58 of 2008 on the file of the Court of Sessions,
Kanniyakumari Division at Nagercoil, the father of the deceased had already
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.10561 of 2023
filed Crl.A.(MD)No.364 of 2017 in the matter of Antony Vs. State
Represented by the Inspector of Police, Kottar Police Station, Asaripallam
Police Station, Kanyakumari District and others.
4.A co-ordinate Bench of this Court having considered the plea
raised in that appeal by a detailed order dated 18.11.2019 was pleased to
confirm the judgment of the trial Court by dismissing the said appeal. The
relevant portion of the order reads thus:-
“21.In view of the above discussion, we are of the
considered opinion that the prosecution has failed to prove the
case beyond reasonable doubts. The evidence of P.Ws.1 to 4
has not been corroborated by other evidence that is available on
record. Therefore, it will not be safe to set aside the judgment
of the Trial Court with the available evidence.
22.In the result, the judgment dated 02.05.2017 made
in S.C.No.58 of 2008 by the Sessions Judge, Kanyakumari
Dsitrict at Nagercoil is hereby confirmed. Accordingly, this
Criminal Appeal is dismissed.”
5.Since the co-ordinate Bench having considered the points that
have been canvassed on behalf of the victim side challenging the acquittal
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.10561 of 2023
judgment had rejected the same and the said appeal was also dismissed by
confirming the judgment of the trial Court, we do not find any reason to
entertain the proposed appeal presently made by the prosecution side, for
which the leave presently sought for in this petition cannot be granted.
Accordingly, this Criminal Original Petition seeking leave is liable to be
rejected, hence, it is rejected. Consequently, connected
Crl.A.(MD)SR.No.28242 of 2021 is also rejected at SR stage itself.
(R.S.K., J.) & (K.K.R.K, J.)
14.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
MYR
To
1.The Sessions Judge,
Kanniyakumari District at Nagercoil.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.10561 of 2023
R.SURESH KUMAR, J.
AND
K.K.RAMAKRISHNAN, J.
MYR
CRL.O.P.(MD)No.10561 of 2023
in
CRL.A.(MD)SR.No.28242 of 2021
14.06.2023
https://www.mhc.tn.gov.in/judis
