Geetha @ Gracy v. State By

Crl.O.P.No.4260 of 2020 in Crl.A.No.sr8303 of 2020 N.KIRUBAKARAN, J.

and R.HEMALATHA, J.

(Order of the Court was made by Mrs.R.Hemalatha, J) Since the defacto complainant/petitioner is aggrieved over acquittal of four accused against whom evidence is available, this petition has been filed by the defacto complainant/petitioner.

2.The learned counsel for the petitioner would submit that even though evidence is available against 4 other accused, the trial Court has acquitted the 4 accused.

3.It is clear from the records that there are totally 11 accused. Out of 11 accused, 3 were convicted and 8 were acquitted. Usually, the prosecution side alone is entitled to file an appeal. Since the defacto complainant is aggrieved over the acquittal of 4 accused, against whom evidence is available, the defacto complainant is before this Court. 1/3

4.It is also brought to the notice of this Court that as on date the State has not preferred any appeal and since the case itself has been registered on the complaint given by the defacto complainant, this petition is ordered and leave is granted.

(NKKJ) (RHJ) 13.03.2020 sai 2/3

N.KIRUBAKARAN, J.

and R.HEMALATHA, J.

sai Crl.O.P.No.4260 of 2020 in Crl.A.No.sr8303 of 2020 Dated: 13.03.2020 3/3