Crl.A.(MD)No.153 of 2011 Bail Slip The Appellant/Accused namely Mohammed Arif, was released on bail as per order of this Court dated 10.10.2011 and made in MP(MD)No.1 of 2011 in Crl.A(MD)No.153 of 2011 on tghe file of this Court. BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2019 CORAM: THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.A(MD)No.153 of 2011 Mohammed Arif ... Appellant /Sole Accused Vs State represented through the Inspector of Police, C.I.Thideer Nagar Police Station, Madurai. In Crime No.1658 of 2009 ... Respondent PRAYER: Criminal Appeal is filed under Section 374 of Cr.P.C., to call for the records and set aside the sentence and conviction imposed by the learned Additional Sessions Judge, Fast Track Court No.2, Madurai, in S.C.No.278 of 2010, dated 03.05.2011. For Appellant : Mr.S.M.A.Jinnah For Respondent : Mr.A.Robinson Government Advocate (Crl.side) JUDGMENT The appellant was found guilty of the offences under Sections 392 r/w 397 and 506(ii) of IPC and sentenced to undergo rigorous imprisonment for seven years and one year respectively, vide Judgment dated 03.05.2011 in S.C.No.278 of 2010 on the file of the Additional District and Sessions Judge (Fast Track Court No.2), Madurai. 2.The prosecution case is that on 07.09.2009, at about 08.00 p.m., the defacto complainant Chandrasekar was waiting in the first platform at Periyar Bus Stand and conversing on his cell phone. In order to rob his mobile phone, the appellant is said to have assaulted on his right hand and taken away the cell phone and ran away. In this regard, P.W.1-Chandrasekar lodged Ex.P1 Complaint before the C.1. Thideer Nagar Police Station. Crime No.1658 of 2009 was registered and final report came to be filed against the appellant before the Judicial Magistrate No.5, 1/4 https://hcservices.ecourts.gov.in/hcservices/ Crl.A.(MD)No.153 of 2011 Madurai. It was committed to the Sessions Court in P.R.C.No.25 of 2010. The case was made over to the Fast Track Court No.2, Madurai in S.C.No.278 of 2010. Charges were framed against the appellant for the offence under Sections 392 r/w 397 and 506(ii) of IPC. The appellant pleaded not guilty and claimed to be tried. The prosecution examined four witnesses and marked Ex.P1 to Ex.P7 and M.O.1-Cell Phone and M.O.2-Knife were recovered. The learned trial Judge, on a detailed consideration of the evidence on record, came to the conclusion that the prosecution had proved its case beyond reasonable doubt and sentenced him as mentioned above. Questioning the same, this appeal came to be filed. 3.The learned counsel appearing for the appellant submitted that having regard to the evidence on record, he would not challenge the conviction for the offences under Sections 392 of IPC and 506(ii) of IPC. He only wanted to question the conviction under Section 397 of IPC. He also submitted that the appellant had been in prison for well over 603 days. He wanted this Court to modify and reduce the period of imprisonment to the period already undergone by the appellant. He also pointed out that even though the case was registered against the appellant, after this case, he had not come under adverse notice of the respondent. Even though the prosecution alleges that the appellant was brandishing knife- M.O.2, it is seen that he did not actually use it. P.W.1 is said to have suffered injuries. But there is no medical evidence whatsoever. No Doctor was examined. Therefore, I am of the view that P.W.1 did not suffer any injury and that, the appellant did not employ M.O.2-Knife. Therefore, the offence under Section 397 of IPC is not made out. Hence, conviction and sentence for the offence under Section 397 of IPC is set aside. The appellant is found guilty only for the offences under Sections 392 of IPC and 506(ii) of IPC. The conviction imposed by the Court below in respect of this offence is sustained. However, taking note of the mitigating factors set out above, the period of imprisonment is modified and reduced to the period already undergone by the appellant. 4.With this modification in the matter of sentence, this criminal appeal is partly allowed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) 2/4 https://hcservices.ecourts.gov.in/hcservices/ Crl.A.(MD)No.153 of 2011 rmi To 1.The Principal Sessions Judge, Madurai 2.The Additional Sessions Judge, Fast Track Court No.2, Madurai. 3.The Inspector of Police, C.I.Thideer Nagar Police Station, Madurai. 4.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai Crl.A(MD)No.153 of 2011 07.08.2019 KM/(17.09.2019) 3P 5C 3/4 https://hcservices.ecourts.gov.in/hcservices/