Dismissing an appeal filed by a Deputy Superintendent of Police challenging the acquittals, Justice M V Muralidharan recently observed that the prosecution had failed to prove the case beyond reasonable doubt.
At the same time, the court expressed its concern over the "gruesome menace of consumption of liquor" in the country.
Though the offence is heinous in nature that alone cannot be the criteria to hold that the case is proved, the judge said.
The court is not able to accept the case of the appellant to record conviction by interfering in the finding of the trial judge and "unfortunately this court has no option except to dismiss the criminal appeal filed by the state", the judge said.
The matter relates to the loss of 35 lives on October 5, 2001 following consumption of illicit liquor at a village in Red Hills area.
The sessions court had acquitted them stating that the prosecution was unable to prove the charges beyond reasonable doubt.
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