IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 Crl.Rev.Pet.No. 975 of 2008() ----------------------------- CRA.379/2001 of ADDL.SESSIONS COURT, FAST TRACK (ADHOC)-IV, TRIVANDRUM CC.129/1998 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM .................... REVN. PETITIONER: APPELLANT/ACCUSED: ------------------------------------------------ KISHORE, AGED 33 YEARS, S/O.MURUKAN, MARUTHARA VEEDU, THITTAMANGALAM DESOM VATTIYOORKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.ANIL RESPONDENTS: RESPONDENT/STATE: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. P. RAVINDRA BABU, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== Crl.R.P. No. 975 of 2008 ========================== Dated this the 3rd day of June, 2008. ORDER The petitioner, who is the accused in C.C. No. 129 of 1998 on the file of the Judicial First Class Magistrate-V (Special Court for Marklist Cases), Thiruvananthapuram for offences punishable under Sections 461 and 381 IPC, challenges the conviction entered and the sentence passed against him concurrently by the courts below for the aforementioned offences. 2. The case of the prosecution can be summarised as follows:- On 11.12.1997, at about 1 p.m., the accused who was employed by PW1 for the maintenance work of his house wherein PW2 (Elizabeth), the daughter of PW1 was also residing, committed theft of MO1 gold ornaments and MO2 series of ear studs worth Rs.3000/- and Rs.1500/- respectively kept in the drawer of the table in the dressing room. The accused has thereby committed the aforementioned offences. CRL.R.P. NO. 975/2008 : 2: 3. On the side of the prosecution, 7 witnesses were examined as PWs 1 to 7 and 4 documents were got marked as Exts. P1 to P4 and a gold bangle and ear studs were got marked as MO1 and MO2 series. 4. After the close of the prosecution evidence, the accused was questioned under Section 313(1)(b) Cr.P.C with regard to the incriminating circumstances appearing against him in the evidence for the prosecution. He denied those circumstances and maintained his innocence. He did not adduce any defence evidence when called upon to do so. The learned Magistrate, after trial, as per judgment dated 22.08.2001 found the revision petitioner guilty of the offences and sentenced him to undergo simple imprisonment for three months under Section 461 IPC and simple imprisonment for four months and to pay a fine of Rs.500/- and on default to pay the fine, to suffer simple imprisonment for one week under Section 381 IPC. The revision petitioner preferred an appeal before the Sessions Court, Thiruvananthapuram as Crl. Appeal No. 379 of 2001. As per judgment dated 20.10.2006 passed by the Addl. Sessions Court, CRL.R.P. NO. 975/2008 : 3: Fast Track (Adhoc)-IV, Thiruvananthapuram, even though the conviction recorded against the revision petitioner was confirmed, that court was inclined to release the petitioner on probation under Section 4(1) of the Probation of Offenders Act, 1958. 5. I am not inclined to dislodge the conviction recorded against the revision petitioner since the same has been entered by the courts below concurrently after carefully evaluating the oral and documentary evidence in the case. 6. The release of the revision petitioner on probation under Section 4(1) of the Offenders Act also cannot be held to be unsustainable. The petitioner is directed to appear before the trial court on 23.06.2008 to execute the bond as directed by the lower appellate court. This Crl.R.P is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL.R.P. NO. 975/2008 : 4: