Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE B.P.RAY MONDAY, THE24H DAY OF FEBRUARY20145TH PHALGUNA, 1935 Crl.Rev.Pet.No. 2203 of 2008 ( ) --------------------------------- CRA7162006 of IV ADDL. SESSIONS JUDGE, ERNAKULAM. CC7752003 of JUDICIAL FIRST CLASS MAGISTRATE-II, ERNAKULAM. PETITIONER: APPELLANT/ACCUSED NO.3: ---------------------------------------------- RAMESH, AGED29YEARS, PAZHANIMALA, NELLIYAMPADAM HOUSE, MELARKODE KARA, MELARKODE VILLAGE, PALAKKAD DISTRICT. BY ADVS.SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX RESPONDENTS/COMPLAINANT & STATE: --------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. THOMAS JOHN AMBOOKAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON2402-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.P. RAY, J.
- - - - - - - - - - - - - - - - - Crl. R.P. No. 2203 of 2008 - - - - - - - - - - - - - - - - Dated this the 24th day of February, 2014. ORDER
The revision petitioner is accused No.3 in C.C. No. 775 of 2003 on the file of Judicial First Class Magistrate-II, Ernakulam for offences punishable under Sections 411 and 414 IPC.
2. The prosecution case is that on 05.05.2002, accused Nos. 1 and 2 trespassed into the house of PW1 by breaking open the front door of the house and committed theft of 78 sovereigns of gold ornaments and currency of ` 1000/- from the almirah kept in the bed room. The allegation against the petitioner is that he kept in his custody ten golden rings, three bangles, two chains, one gold coin and ingots weighing 12.1 sovereign and sold an ingot weighing 35 grams to PW3 and another ingot weighing 109 grams to PW7.
3. The aforesaid case arose from Crime No. 231 of 2002 of Ernakulam Town North Police Station. The petitioner along with accused Nos. 1, 2, 4 and 5 were arrayed as accused alleging commission of offence punishable under Sections 457, 380, 461, 411 and 414 r/w Section 34 IPC. The trial court, after trial, as per judgment dated 21.08.2006 found the revision petitioner guilty of the offences punishable under Crl.R.P. No. 2203/2008 :
2. : Sections 411 and 414 IPC and sentenced to undergo simple imprisonment for three years each for the offences under Sections 411 and 414 IPC. Accused Nos. 2, 4 and 5 were found not guilty of the offences alleged and were acquitted. The appeal filed by accused No.1 was allowed and he was acquitted. On appeal preferred by the revision petitioner as Crl. Appeal No. 716/2006 before the IV Additional Sessions Judge, Ernakulam, the learned Sessions Judge as per judgment dated 21.05.2008 dismissed the appeal confirming the conviction entered and the sentence passed by the trial court. Hence this revision.
4. It is submitted that the incident occurred in the year 2002 and for the last 12 years, the petitioner is facing trauma of arrest, custody in jail and prosecution. He was in custody from 28.05.2002 to 18.06.2002.
5. I am not inclined to interfere with the conviction recorded against the revision petitioner. But considering the fact that the principal accused has been acquitted, I modify the sentence by reducing the same to the sentence already undergone by him and to pay a fine of ` 5000/- (Rupees five thousand only) and in default to pay the fine, to undergo Crl.R.P. No. 2203/2008 :
3. : simple imprisonment for three months. Out of the fine amount an amount of ` 4000/- (Rupees four thousand only) shall be paid to Kerala State Legal Services Authority. Fine amount shall be deposited on or before 31st March, 2014. Revision Petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv Crl.R.P. No. 2203/2008 :
4. :