Supreme Court of India · 2009-04-20
Tomy & Anr vs State Of Kerala & Anr
- Citation / case number
- AIR 2009 SC (SUPP) 2110
- Court
- Supreme Court of India
- Petitioner
- Tomy & Anr
- Respondent
- State Of Kerala & Anr
- Author
- Arijit Pasayat
- Bench
- Asok Kumar Ganguly, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the High Court's order to set aside the trial court's acquittal of the accused under Sections 447, 324, 326, and 506(ii) IPC was unsustainable as it failed to provide adequate reasoning for its conclusions. The trial court had properly assessed the evidence, finding the prosecution's case unconvincing, particularly noting inconsistencies in witness testimonies. Consequently, the Supreme Court allowed the appeal and reinstated the trial court's acquittal.