IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Crl.Rev.Pet.No. 3432 OF 2008() ------------------------------ CRA.213/2005 of ADDL. SESSIONS COURT (ADHOC)I, THRISSUR ST.4009/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT, CHAVAKKAD .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: --------------------- SUNIL KUMAR, S/O.RAMAKRISHNAN, PLANGOOTTATHIL HOUSE, KUTTOOR VILLAGE, PAMBOOR DESOM, (NEAR CHEMBISSERY GATE), THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENT(S)/RESPONDENT/COMPLAINANT: --------------- STATE OF KERALA,REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 3432 OF 2008 ------------------------------------------ Dated this the 24th day of November, 2008 O R D E R Revision petitioner was convicted for the offence under section 47 of Kerala Police Act and sentenced to simple imprisonment for ten days in S.T. 4009 of 2002 by Judicial First Class Magistrate, Chavakkad. Petitioner challenged the conviction before Sessions Court, Thrissur in Crl. Appeal 213 of 2005. Learned Additional Sessions Judge on reappreciation of evidence confirmed the conviction and sentence and dismissed the appeal. It is challenged in the revision. 2. Learned counsel appearing for revision petitioner and learned Public Prosecutor were heard. 3. The learned counsel submitted that petitioner was not involved in any other case and he was arrested from the premises of KSRTC bus stand, Guruvayoor and not from Mammiyoor Sreekrishna School compound and therefore the conviction is not sustainable. Learned counsel also argued that when petitioner is not involved in any other case, the sentence awarded is excessive especially when substantive sentence is not CRRP3432/08 2 mandatory for an offence under section 47 of Code of Criminal Procedure. Learned Public Prosecutor on getting instruction submitted that petitioner was not involved in any other case. It was submitted that Courts below properly appreciated the evidence and there is no reason to interfere with the conviction or sentence. 4. PW3 is a Sub Inspector and PWs 1 and 2 are the Police Constables. Though PWs 1 to 3 were cross-examined at length, nothing was brought out to disbelieve their evidence that while on patrol duty on the night of 14.7.2002 they found revision petitioner in the verandah of Mammiyoor Sreekrishna School and when revision petitioner was questioned he could not give any satisfactory explanation for his presence there. The fact that PWs 1 to 3 are police officers is not a ground to disbelieve their evidence or to view their evidence with suspicion. Learned Magistrate on proper appreciation of evidence found their version credible and reliable. Learned Additional Sessions Judge on reappreciation of evidence confirmed that finding. I find no reason to differ with the said finding, especially when appreciation of evidence by Courts below, was not perverse. Evidence establish that while on patrol CRRP3432/08 3 duty on the night of 14.7.2002 petitioner was found on the verandah of Mammiyoor Sreekrishna School by PWs 1 to 3 and petitioner could not give any satisfactory explanation for his presence at that place and that too at that time. In such circumstances conviction of the petitioner for the offence under section 47 of Kerala Police Act is perfectly legal. 5. Then the only question is with regard to the sentence. Section 47 of Kerala Police Act provides for a sentence of imprisonment not exceeding six months or fine not exceeding five hundred rupees or both. When prosecution has no case that petitioner was involved in any other case, interest of justice will be met is the sentence is modified to the maximum fine provided under section 47 of Kerala Police Act. Revision is allowed in part. Conviction of the petitioner for the offence under section 47 of Kerala Police Act is confirmed. Sentence is modified. Petitioner is sentenced to a fine of Rs.500/- and in default simple imprisonment for two weeks. M. SASIDHARAN NAMBIAR, JUDGE Okb/-