IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.V.K.BALI & THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 30TH NOVEMBER 2006 / 9TH AGRAHAYANA 1928 W.A.No.2242 of 2006 ------------------------ AGAINST THE JUDGEMENT IN W.P.(C).27883/2006 DATED 30/10/2006 (CRIME NO.181/92 OF VENJARAMOODU POLICE STATION, PENDING AS L.P.NO.55/1996 OF J.M.F.C.-II, ATTINGAL). .................... APPELLANT/PETITIONER (3RD ACCUSED):- -------------------------------------------------- ANIL KUMAR, S/O.KARNAKARAN NAIR, BANGLAVIL VEEDU, VAMANAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT/RESPONDENT:- --------------------------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.T.B.HOOD. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/11/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- V.K.Bali,C.J. & S.Siri Jagan,J. ---------------------------------------- W.A.No.2242 of 2006 ---------------------------------------- Dated, this the 30th day of November, 2006 JUDGMENT V.K.Bali,C.J. (Oral) It is settled proposition of law that evidence in one case cannot be read into another case. If that be so, with an acquittal of co-accused of the petitioner at a time when the petitioner was absconding would not earn him acquittal on that basis alone. In so far as the F.I.R. or charge that was quashed in respect of another co-accused is concerned, surely this position of law was not taken into consideration. The judgment of Full Bench of this Court in Moosa v. Sub Inspector of Police [2006 (1) KLT 552) was not pressed into consideration before the learned Single Judge. No merits. Dismissed. V.K.Bali Chief Justice S.Siri Jagan Judge vku/-