MHC upholds trial court order acquitting Mullaiventhan

Justice GK Ilanthiraiyan, who dismissed the appeal filed by the Deputy Superintendent of Police, CB-CID, Dharmapuri, against the acquittal order of a Magistrate court said,

“It is seen from the records that the victim was the Assistant Commissioner of HR&CE department and the witnesses from the same department, who are eye witnesses to the alleged occurrence, turned hostile.” “Even though other witnesses supported the case of the prosecution, they are only hear-say witnesses and as such the prosecution failed to prove the case as charged against the accused persons. Except the victim, no witnesses supported the case of the prosecution. In the case on hand there is only one witness and his deposition has not been corroborated by other witnesses, since the nature of testimony of the victim is not clear to prove the case of the prosecution beyond any doubt,” the judge added.

The case of the prosecution was that Anbumani who was the Assistant Commissioner of HR&CE department was called by the then minister Mullaiventhan on February 19, 2001 to traveller’s bungalow at Dharmapuri, where, he was compelled to cancel the auction in respect of Hogenakkal Desanatheeswarar temple land for lease, which was refused by him.

Thereafter, the minister scolded him in filthy language and was chased by the Minister’s men and beaten up resulting in him sustaining injuries. Based on the complaint a charge sheet was filed.

The trial court, which heard the case, acquitted all the 11 accused including the then minister.