IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.Rev.Pet.No. 1579 OF 2007(B) ------------------------------ REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- BINU, S/O.KRISHNANKUTTY, PULVILA VEEDU, MUTTAPPALAM DESOM, AZHOOR VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT(S)/RESPONDENT/COMPLAINTANT -------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ CRL.R.P. NO. 1579 OF 2008 ------------------------------------------ Dated this the 19th day of December, 2008 O R D E R Revision petitioner is the accused in C.C.367 of 2001 on the file of Judicial First Class Magistrate-I, Attingal. Petitioner was convicted and sentenced to simple imprisonment for one year and fine of Rs.3,000/- for the offence under section 380 of Indian Penal Code. Petitioner challenged the conviction before Sessions Court, Thiruvananthapuram in Crl. Appeal 100 of 2004. Learned Additional Sessions Judge on reappreciation of evidence confirmed the conviction and sentence and dismissed the appeal. It is challenged in the revision. 2. Though revision was filed through Adv. Mr. Sasthamangalam S. Ajithkumar, the counsel subsequently relinquished the vakalath. On going through the judgments of the Courts below, it is seen that the period of sentence is already over. Therefore Registry was directed to verify whether petitioner is undergoing sentence or was released. It is reported that revision petitioner was released from prison on 31.12.2007 in this case and he is undergoing the sentence in C.C.234 of CRRP 1579/2007 2 2001on the file of Judicial First Class Magistrate-I, Attingal. 3. On going through the judgments of Courts below, I find no reason to interfere with the conviction or the sentence for the offence under section 380 of Indian Penal Code as conviction was based on the evidence on record which was properly appreciated by the Courts below in the proper perspective. Revision petition is dismissed. M. SASIDHARAN NAMBIAR, JUDGE Okb/-