Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE31T DAY OF JANUARY201411TH MAGHA, 1935 Crl.Rev.Pet.No. 1774 of 2013 () -------------------------------- AGAINST THE JUDGMENT
IN CRA972012 of ADDL.SESSIONS COURT (ADHOC-1), KOTTAYAM AGAINST THE JUDGMENT
IN CC9062008 of J.M.F.C.-1,KOTTAYAM REVISION PETITIONER/APPELLANT/ACCUSED: --------------------------------------------------------------- JANISH, AGED27YEARS PAYYAMPALLY HOUSE, KOLLAMKODE P.O., ANTHIYOOR KONAM THIRUVANANTHAPURAM, RESIDING AT PARACHAPPILLIL, PARAPPURAM KANJOOR ERNAKULAM DISTRICT. BY ADVS.SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDNETS/STATE & COMPLAINANT: -------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031 2. THE SUB INSPECTOR OF POLICE RAILWAY POLICE STATION, KOTTAYAM. R BY PUBLIC PROSECUTOR, SMT. P. MAYA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON2901-2014, THE COURT ON311-2014 PASSED THE FOLLOWING: M.L. JOSEPH FRANCIS J., - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P. No.1774 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of January 2014 ORDER
The revision petitioner herein is the accused in C.C. No.906 of 2008 on the file of the Judicial First Class Magistrate Court - I, Kottayam. He was charge sheeted by the 2nd respondent for the offence under Section 379 of the Indian Penal Code (in short 'the the IPC'). During trial, PWs1 to 4 were examined and Exhibit No.P1 to 11 were marked. MO1 and MO2 series were also marked from the side of prosecution. After trial, the trial court found the revision petitioner guilty of the offence and he was convicted under Section 379 of the IPC and sentenced him to undergo simple imprisonment for two Crl.R.P. No.1774 of 2013 :2: years.
2. The judgment of trial court was challenged before the Sessions Court, Kottayam by filing Criminal Appeal No.97 of 2012. The appeal was heard by Additional Sessions Court and vide judgment dated 30.5.2013, the appellate court dismissed the appeal confirming the conviction and sentence on the revision petitioner.
3. The revision petition is filed challenging the judgment of Additional Sessions Court, Kottayam in Crl. Appeal No.97 of 2012 dated 30.5.2013 which confirmed the judgment of conviction and sentence of Judicial First Class Magistrate Court - I, Kottayam in C.C. No.906 of 2008.
4. Heard the learned counsel for the revision petitioner and the learned Public Prosecutor. The learned counsel for the revision petitioner submitted that in this petition, the revision petitioner is not challenging his conviction under Section 379 Crl.R.P. No.1774 of 2013 :3: of the IPC. The learned counsel further submitted that the revision petitioner will not repeat this type of offence in future and that he is intending to engage in decent employment. Considering the facts and circumstances of the case, I am of the view that sentencing the accused to undergo simple imprisonment for six months and to pay a fine of `5,000/- under Section 379 of the IPC would meet the ends of justice. Accordingly this Criminal Revision Petition is allowed in part. The conviction of the accused in C.C. No.906 of 2008 on the file of Judicial First Class Magistrate Court -I, Kottayam is confirmed. The sentence is modified and the accused is sentenced to undergo simple imprisonment for six months and to pay a fine of `5,000/- in default to undergo simple imprisonment for one month under Section 379 of the IPC. The accused is entitled to get set off under Section 428 of the Code of Criminal Procedure. The accused is directed to surrender Crl.R.P. No.1774 of 2013 :4: before the Judicial First Class Magistrate Court -I, Kottayam within two months from today to undergo the modified sentence. Sd/- M. L. JOSEPH FRANCIS, (JUDGE) dl/ // TRUE COPY // PA TO JUDGE