The Madurai Bench of the Madras High Court today upheld the acquittal of a woman, accused of murder,by the Pudukottai Principal District Session Court, for lack of evidence to prove the guilt.
A division bench of Justices A Selvam and V S Ravi ruled that even if the prosecution has set the law in motion only on the basis of the complaint alleged to have been given by the alleged murderer, it had not adduced even an iota of evidence so as to prove the alleged guilt of the accused punishable under IPC 302(murder).
The prosecution had not examined the person to whom the accused had given an extra judicial confession that she had murdered the victim, they said.
"It is highly impossible on the part of the Court to invite conviction and sentence against the accused if the prosecution has not proved the case", they observed.
Except ricketive type of evidence adduced on the side of the prosecution, no evidence is available to point out the alleged guilt of the accused, the judges said.
The prosecution case was that the accused Vairam, hacked one Sundararasu on September 15, 1998 in Sullani village who died on the spot. The accused herself had lodged a complaint with the Mimisal police and the same was registered.
However, When the accused was questioned in respect of the incriminating materials available as evidences against her, she denied her complicity in the crime.
The trial Court, after considering the available evidence on record, had found the accused not guilty under Sec.302 of the IPC and acquitted her.
Mimisal Police Inspector preferred a criminal appeal against the acquittal by the trial court
The Additional Public Prosecutor (APP) has contended that in the instant case the investigation has set the law in motion only on the basis of the complaint alleged to have been given by the accused.
Further, the accused herself had given an extra judicial confession to one Pethaian and the trial court without considering the factual aspects has erroneously acquitted the accused and therefore the order of acquittal passed by the trial Court is liable to be set aside, the APP said.
