In another classic case of shoddy prosecution resulting in the accused going scot free, the Madras High has dismissed an appeal moved by the state challenging the lower court’s order releasing19 persons held in a hooch tragedy at Theerthangaraiyampattu in Red Hills that led to the death of as many as 35 persons.

“Though, it is a fact that 35 lives were lost, the evidence available is insufficient to hold that the prosecution has proved the offence beyond reasonable doubt. In criminal jurisprudence, though the offence is heinous in nature that alone cannot be the criteria to hold that the same is proved,” Justice MV Muralidharan said, while dismissing the appeal.

He also noted, “The prosecution must prove all the charges by way of legally acceptable evidence to connect the accused with the commission of offence. Here, no witness would speak about the role played by any of the accused in the commission of offence.

This court is unable to accept the case of the police to record conviction by interfering into the finding of the trial judge. Unfortunately, this court has no option except to dismiss the criminal appeal filed by the state.” The matter relates to the loss of 35 lives on October 5, 2001, after they consumed illicit liquor. Based on the complaint given by the Village Panchayat president, the police arrested as many as 21 persons. Of them, two died during the trial. The Additional District and Sessions Judge (Fast Tract Court No. IV), Ponneri, acquitted the remaining 19 persons, including Kasturi, held for selling the illicit arrack, on the basis that the prosecution was unable to prove the charges beyond reasonable doubt.

The High Court Judge in his order dismissing the appeal also slammed the state and the police for what transpired. He said, “It is the compelling necessity for this court to record its deepest concern over the gruesome menace of consumption of liquor in the Republic of India. 

Further, in the instant case 35 human lives were lost and it has created serious doubt in the mind of the court as to whether the state government machineries properly functioned in their true spirit.” “Apart from that legislations were also made to curb such a menace. But, it is doubtful as to whether the legislations are properly enforced by the authorities,” the judge said.