IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 Crl.Rev.Pet.No. 561 of 2010() ----------------------------- CRA.163/2008 of SESSIONS COURT, THODUPUZHA CC.272/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT - I, IDUKKI .................... REVISION PETITIONER/APPELLANT/ACCUSED NO.2: ---------------------------------------------------------- M.J.VARGHESE, S/O.JOSEPH, MAZHUVANCHERIYIL HOUSE, NAYARUPARA KARA, MARIYAPURAM VILLAGE, IDUKKI DISTRICT. BY ADV. MR. C.M.TOMY MR. K.J.JOSEMON RESPONDENT/ RESPONDENT/COMPLAINANT:- --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. P.A. SALIM, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =================== Crl.R.P. No. 561 of 2010 =================== Dated this the 1st day of March, 2010. O R D E R In this revision filed under Section 397 read with Sec. 401 Cr.P.C. the petitioner who is the 2nd accused in C.C. No.272 of 2006 on the file of the Judicial First Class Magistrate-I, Idukki challenges the conviction entered and the sentence passed against him for an offence punishable under Section 420 r/w Section 34 IPC. 2. The case of the prosecution is that the two accused persons in furtherance of their common intention to cheat the Karimban branch of the Federal Bank, availed a total loan of Rs.52,000/- after pledging fake gold ornaments weighing 84 grams. 3. On the accused pleading not guilty to the charge framed against him by the trial court for the aforementioned offences, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 7 witnesses as P.Ws 1 to 7 and got marked 5 documents as Exts. Crl.R.P. No. 561/2010 -:2:- P1 to P5 and 2 material objects as MOs. I and II. 4. After the close of the prosecution evidence, the accused was questioned under Sec. 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. 5. The learned Magistrate, after trial, as per judgment dated 30.04.2008 found the revision petitioner (who alone stood trial) guilty of the offence punishable under Section 420 I.P.C. For the said conviction, he was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.10,000/- and on default to pay the fine, to suffer simple imprisonment for four months. The case against A1 who was absconding, was re- numbered as C.C. No. 122 of 2008. On appeal preferred by the revision petitioner as Crl. Appeal No. 163 of 2008 before the Sessions Court, Thodupuzha, the learned Sessions Judge as per judgment dated 07.10.2009 dismissed the appeal confirming the conviction entered and the sentence passed against the revision Crl.R.P. No. 561/2010 -:3:- petitioner. Hence, this Revision. 6. Even though the learned counsel appearing for the revision petitioner assailed on various grounds the conviction entered against the revision petitioner, in as much as the conviction has been recorded by the courts below concurrently after a careful evaluation of the oral and documentary evidence in the case, this Court sitting in revision will be loathe to interfere with the said conviction which is accordingly confirmed. 7. What now survives for consideration is the question regarding the adequacy or otherwise of the sentence imposed on the revision petitioner. Having regard to the facts and circumstances of the case, I do not think that the revision petitioner deserves penal servitude by way of incarceration for the said conviction. I am of the view that interests of justice will be adequately met by imposing a sentence to be passed hereinafter. Accordingly, for his conviction under Section 420 IPC, the revision petitioner is sentenced to imprisonment till the rising of the court and to pay a compensation of Rs.55,000/- (Rupees fifty five thousand only) to Karimban branch of the Crl.R.P. No. 561/2010 -:4:- Federal Bank payable to its Branch Manager. The said compensation shall be paid within two months from today failing which he shall undergo simple imprisonment for three months by way of default sentence. The petitioner shall report before the trial court on 03.05.2010 to receive the sentence of imprisonment till the rising of the court. In the result, this Revision is disposed of confirming the conviction entered but modifying the sentence imposed as above. Dated this the 1st day of March, 2010. V.RAMKUMAR, JUDGE. rv