IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Crl.Rev.Pet.No. 1123 of 2001() ------------------------------ {CR.A.NO.33/1997 OF THE ADDITIONAL SESSIONS COURT, NORTH PARAVUR IN CC.795/1993 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, PERUMBAVOOR} .................... REVN. PETITIONER(S)/APPELLANT/ACCUSED: -------------------------------------------------------------------------- THANKAPPAN, S/O.AYYAPPAN, PUTHENPURAKKAL HOUSE, POOTHAKUZHY COLONY, METHALAKARA, ASAMANNOOR VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT(S)/RESPONDENTS/COMPLAINANT: ------------------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.GIRI, J. ------------------------- CRL.R.P.No.1123 of 2001 ------------------------- Dated this the 20th day of February, 2009. O R D E R The accused, in C.C.No.795/93 on the file of the Judicial Magistrate of the First Class, Perumbavoor, who was prosecuted, convicted and sentenced for offences punishable under Sections 454, 380 and 461 of the Indian Penal Code, is the petitioner in this Criminal Revision Petition. 2. The prosecution case, in brief, is to the effect that the accused had, on with the intention to commit theft from the house of PW.1, trespassed into the house by removing the tiles from the roof and entered into the souther room of that house and removed a mini mini fashion chain having a weight of 30 grams, 12 grams of a gold waist chain, a gold ring weighing about ¾ sovereign, a gold locket weighing ½ sovereign and also removed Rs.1700/- in currency notes. Articles worth Rs.32,700/- was removed by him. First information statement of PW.1 was recorded. Thereafter, the accused was arrested on 30.12.1993 in suspicious circumstances and on CRL.R.P.No.1123 of 2001 :: 2 :: questioning, there wa a disclosure as to the theft committed in the house of PW.1. M.Os.1 to 4 were recovered by PW.13, investigating officer. The recovery was witnessed by PW.4, who had also spoken to attesting the mahazar. The trial court found that the chain of circumstances has been proven by the prosecution beyond reasonable doubt and hence the accused was found guilty of the offence and convicted and sentenced thereunder. 3. On a re-appreciation of the evidence, the appellate court confirmed the conviction and sentence. Hence this Criminal Revision Petition. 4. I have gone through the records and the evidence and I heard Learned counsel for the petitioner and the learned Public Prosecutor. 5. The articles which were found to have been stolen from the house of PW.1 are M.Os.1 to 4. The recovery of M.O.1 gold chain was effected from PW.3 financier. Ext.P2 mahazar evidences the fact. PW.3 identified the persons who pledged M.O.1 and this was corroborated by Ext.P3 ledger which was maintained by him, in the course of business. PW.4 is a witness to Ext.P4 CRL.R.P.No.1123 of 2001 :: 3 :: mahazar under which M.O.1 was recovered. M.O.2 was seen recovered by PW.5 and M.O.3 was recovered from PW.4 under Ext.P10 mahazar. PW.10 was a witness to the recovery of M.O.3 gold ring. It is only the recovery of M.O.4 gold locket from PW.17 that could not be proved by the prosecution, inasmuch as that PW.17, to whom the accused had sold it turned hostile. PW.1 had identified the material objects. First information regarding the theft of articles from the house of PW.1 was lodged without any delay. The accused himself was an year later arrested in suspicious circumstances and it was only at the time of questioning him that the disclosure of the theft of articles from PW.1 came to be revealed. PW.3 had identified the articles. There is no reason to doubt the recovery effected by PW.13 stated to have been made immediately after the arrest of the accused. Though an attempt was made to show that the recovery of M.OS.1 to 4 were not proved, apparently such disclosure was made with the evidence of PW.13. Material portion of the disclosure was brought to his notice and the same was proved. In the circumstances, I am in agreement with the findings of the courts below CRL.R.P.No.1123 of 2001 :: 4 :: that the chain of circumstances to show that the accused has committed theft from the house of PW.1 till the recovery of the same pursuant to the disclosure statement made by PW.3, PW.7 and PW.10 have been proved by the prosecution with cogent and consistent evidence. In these circumstances, the findings of the court below that the guilt of the accused has been proved beyond reasonable doubt, does not warrant any interference. 6. Learned counsel for the accused submits that there is no previous history of the accused being convicted. In fact, pursuant to a query made by this court, on an earlier occasion public prosecutor affirms that, though he is the accused in another case, it is not for similar offences. There is nothing on record to show that the accused is a habitual offender. 7. The accused was sentenced to rigorous imprisonment for two years for the offence under Section 454 of the Indian Penal Code and for the same period under Section 380 of the Code and six months rigorous imprisonment under Section 461. In my view, the substantive sentence of imprisonment for one year will CRL.R.P.No.1123 of 2001 :: 5 :: suffice for offences under Sections 380 and 454 Indian Penal Code. 8. In the result, while confirming the conviction of the accused for offences under Sections 454, 380 and 461 of the Penal Code, the accused is sentenced to undergo rigorous imprisonment for a period of one year for the offence under Section 454 Indian Penal Code. He is further sentenced to undergo rigorous imprisonment for one year under Section 380 and for a period of six months for the offence under Section 461 Indian Penal Code. The sentences shall run concurrently. Criminal Revision Petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge