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2019 Supreme(Ker) 195

P.UBAID
Kanthaswami – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioners:C.C. Thomas (Sr. Advocate) & Nireesh Mathew
For the Respondents: Government Pleader (Ravi Krishnan)

ORDER :

Crl.R.P. No.1735/2006 stands disposed of by this Court on 10.07.2018 by an order of acquittal. The accused who brought the said revision before this Court were found not guilty of the offence under Section 27(1)(e)(iii) of the Kerala Forest Act on various grounds. One of the grounds of acquittal is that the confession statements of the accused, on which, the prosecution rely are not properly and legally proved, the second ground of acquittal is that the copy of the Government notification produced by the prosecution is not proved, and the third ground is that there is no proper and satisfactory evidence to prove the prosecution case on facts. Crl.M.A.No.1/2018 is filed by the learned Special Public Prosecutor for rehearing the said revision on the ground that the Court has committed some factual errors, and that the accused were wrongly acquitted in revision. If the prosecution is aggrieved by the order in revision, or if the prosecution has got a grievance that the accused were wrongly acquitted, the proper and legal remedy must be to approach the Supreme Court, and not to file petition for rehearing. Any way, it appears from the submissions made by the learned Special Publ
















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