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2023 Supreme(Mad) 3152

R. SURESH KUMAR, K. K. RAMAKRISHNAN
Saibunisha (Died) – Appellant
Versus
State, Rep. by The Inspector of Police, CBCID, Kenikarai Police Station – Respondent


Advocates appeared: For the Appearing Parties :A. Thiruvadikumar, Additional Public Prosecutor, N. Ananthapadmanabhan, Senior Counsel for M/s. APN Law Associates, R. Manickaraj for M/s. Veera Associates, Advocates.

Table of Content
1. factual background of the case (Para 4)
2. arguments for retrial based on witness intimidation (Para 8 , 9)
3. prosecution's failure to establish circumstantial evidence (Para 13 , 14 , 15)
4. legal standards for retrial and evaluation of evidence (Para 22 , 23)
5. final conclusions and dismissal of appeals (Para 41 , 42)

JUDGMENT

(Prayer: Appeal filed under Section 372 of the Code of Criminal Procedure, 1973, against the judgment dated 16.07.2019 passed in S.C.No.137 of 2015 on the file of the learned Sessions Judge, Fast Track Mahila Court, Ramanathapuram.

Appeal filed under Section 372 of the Code of Criminal Procedure, 1973, against the judgment dated 16.07.2019 passed in S.C.No.137 of 2015 on the file of the learned Sessions Judge, Fast Track Mahila Court, Ramanathapuram, be set aside and convict the respondents/accused for the charges framed against them.)

Common Judgment:

K.K. Ramakrishnan, J.

1.Since these two appeals are arising out of the same crime number and against the order of acquittal made in S.C.No.137 of 2015 on the file of the learned Sessions Judge, Fast Track Mahila Court, Ramanathapuram, these two appeals are taken up together for hearing and disposed

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