Kochi, July 5. (UNI): The State Government on Tuesday, filed an appeal before the Kerala High Court seeking to set aside the lower court judgement in the Kozhikode ice cream parlour case.
In the judgement dated January 12, 2006, the lower court had acquitted all the 16 acccused persons in the case after finding that the prosecution had failed to prove the case.
In the appeal filed by state prosecutor P G Thampi, it was submitted that the State Government failed to protect the witnesses in the case, who turned hostile during the course of the trial.
No effort was made by the trial court judge also to question the witnesses who turned hostile and the lower court judge was legally bound under Section 165 of the Indian Evidence Act to ask questions to the hostile witnesses at a crucial juncture, the Government contended.
It was also submitted that no question was put to the witnesses regarding the sudden improvement in their financial condition.
The court would consider the appeal later.