STATE Vs. G. KALEESWARAN

JUDGEMENT

(1.) This Criminal Appeal is arising out of acquittal of the accused passed by the Special Court/Chief Judicial Magistrate, Ramanathapuram, in Special C.C.No.7 of 2007, dtd. 22/1/2014, and convict the appellant.

(2.) The brief facts of the case, as projected by the prosecution are as follows:

(3.) The contention of the learned Additional Public Prosecutor appearing for the State is that the lower Court had failed to appreciate the evidence of witnesses in its right perspective and had gone by the written and oral argument advanced by the accused, which were contra to the evidence available. The motive projected as though at the instance of one Periyasamy, Head Constable attached to Vigilance and Anti Corruption Unit, on whose instigation, a case has been registered and prosecuted against the respondent is farfetched. The case has been registered after getting approval from the Deputy Superintendent of Police by an Inspector of Police and the Inspector of Police viz., P.W.15, the Trap Laying Officer, had independently taken the service of the government witnesses, prepared trap and successfully completed the trap proceedings. Thereafter, P.W.16 another Inspector of Police had taken up the investigation, recorded the statements, collected documents and on his superannuation, P.W.17 another Inspector, obtained sanction for prosecution and filed the charge sheet. The said Periyasami is only a Head Constable and the investigation officers are placed above him and there is no reason for these officers to have obliged or acted at the instance of the said Periyasami. The respondent neither examined any witnesses nor produced any documents to substantiate his case. The lower Court had placed too much emphasis in this regard without any material.