IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 2754 of 2008()
1. R.RAMAKRISHNAN, S/O. RAMAN
... Petitioner
Vs
1. RAJAGOPALAN, S/O. APPUKUTTAN
... Respondent
2. STATE OF KERALA REP. BY
For Petitioner :SRI.K.RAJESH SUKUMARAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :22/08/2008
O R D E R
V. RAMKUMAR, J.
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CRL.R.P.NO.2754 OF 2008
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Dated this the 22nd day of August, 2008.
O R D E R
The revision petitioner, who was the defacto complainant
in Crime No.111/2004 of Shornur Police Station for offences
punishable under Sections 448,341,323,294(b) and 506 (ii) of
I.P.C, challenges the judgment dated 30.6.2008 passed by the
Judicial First Class Magistrate acquitting the accused of the
aforesaid offences in C.C.No.183/2004. The defacto
complainant was examined as PW1. Except the interested
testimony of PWs 1 and 3, there was no evidence worth the
name to support the prosecution case. PW2, who is an
independent witness of that locality, turned unfriendly to the
prosecution. Even though PW1 had a case that he was
injured at the instance of the accused, no wound certificate
was produced nor any medical evidence was adduced to
support the alleged injury. The learned magistrate who had
the unique advantage of seeing the witnesses and assessing
CRL.R.P.NO.2754/2008 .
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their credibility was not inclined to accept the interested
testimony of PWs 1 and 3, which was not supported by any
medical evidence. In the absence of any infirmity in the
appreciation of evidence by the trial court, this court sitting in
revision will be loath to interfere with the order of acquittal
passed by the learned magistrate.
This revision petition is accordingly dismissed in limine.
V. RAMKUMAR, JUDGE.
cl
CRL.R.P.NO.2754/2008 .
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