A Division Bench of the Kerala High Court on Thursday admitted an appeal filed by the State government against the verdict of the Kasargod District and Sessions Court acquitting the three RSS activists in a case relating to the murder of Riyas Maulavi, a madrasa teacher.
The Bench while admitting the appeal issued notice to the acquitted accused. In its appeal, the government contended that the circumstantial evidence was so strong that there was no scope for acquittal of the accused.
The evidence tendered by the prosecution was capable enough to prove the fact that the accused entertained hostility against persons belonging to the Muslim community. The rejection of the evidence by the sessions court was illegal and unjustifiable. The acquittal of the accused was faulty and shocking to the judicial conscience. The appreciation of the evidence by the sessions court was totally against the settled principles laid down by the Supreme Court. The trial court should have convicted all the three accused based on the evidence produced by the prosecution.
