IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Crl.Rev.Pet.No. 627 of 2010() ----------------------------- CRA.160/2006 of SESSIONS COURT (ADHOC-II), MANJERI CC.135/2004 of JUDL.MAGISTRATE OF FIRST CLASS-II (FOREST OFFENCES), MANJERI .................... REVN. PETITIONER/APPELLANT/ACCUSED: ----------------------------------------------- T.V.MADHAVAN,S/O.KORAN, ALINGAL VEEDU, KALLAR,PAINIKKARA, KASARAGOD DISTRICT. BY ADV. MR. M.RAMESH CHANDER RESPONDENT/RESPONDENT/COMPLIANT & STATE:- --------------------------------------------------------- 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 10/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =================== Crl. R.P. No. 627 of 2010 =================== Dated, this the 10th day of March, 2010 ORDER In this Revision filed under Section 397 read with Sec. 401 Cr.P.C. the revision petitioner who was the accused in C.C. No. 135 of 2004 on the file of the Judicial First Class Magistrate -II (Forest Offences), Manjeri, challenges the conviction entered and the sentence passed against him for offences punishable under Sections 419, 468, 471 IPC and Section 12(1)(b)(d) of the Passport Act. 2. The case of the prosecution can be summarised as follows: On 06.08.1996, at about 5 p.m., the accused arrived at the Calicut Airport holding passport No. F 104607 issued from Thiruchirapalli Passport Office in favour of Antony Mary Dasan, Kulachal, Kanyakumari District after inserting the photograph of the accused (T.V. Madhavan) in the place of Antony Mary Dasan with the intention of boarding Flight No. IC 991 bound for Sharja. The accused has thereby committed the aforementioned Crl.R.P. No. 627/2010 : 2 : offences. 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 8 witnesses as P.Ws 1 to 8 and got marked 14 documents as Exts. P1 to P14. 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 04.04.2006 found the revision petitioner guilty of the offences and sentenced him to various terms of imprisonment as well as fine with proper default sentence. On appeal preferred by the revision petitioner before the Sessions Court, Manjeri, the learned Sessions Judge (Adhoc-II) as per judgment dated Crl.R.P. No. 627/2010 : 3 : 14.01.2010 confirmed the conviction entered and the sentence passed against the revision petitioner. Hence, this Revision. 6. What has been unravelled by the oral and documentary evidence in the case is the following:- PW2 K.J. Thomas, the Sub Inspector of Police was working as the counter officer attached to the Emigration Wing in the Karipur Airport, Calicut. PW3, Devidasan was working as the Traffic Assistant in the Indian Airlines at Calicut Airport. While PWs 2 and 3 were discharging their duties in the Emigration Department on 06.08.1996 at about 5 p.m., the accused T.V. Madhavan came there to board Flight No. IC 991 bound to Sharja and holding Ext.P2 passport issued in favour of Antony Mary Dasan from the Thiruchirapalli Passport Office. Since the passport was seen issued from the Thiruchirapalli Passport Office, PW2 got suspicious and questioned the accused about his name, address etc. The accused was unable to give the address mentioned in the passport. On further questioning, he confessed that his name is T.V. Madhavan and he is the son of Keeran, Rajapuram, Kasaragod District and that he had obtained the Crl.R.P. No. 627/2010 : 4 : passport of the said Antony Mary Dasan and had inserted his photograph in the said passport. Ext.P2 passport, Ext.P3 air ticket jacket and Ext.P4 emigration card were seized as per Ext.P1 seizure mahazer. PW6, the Head Constable of Kondotty Police Station registered Ext.P10 FIR on the strength of Ext.P6 report sent by PW2. During the course of investigation, PW7 who was the Head Constable attached to the CBCID, Kozhikode went to the house of the accused and seized his ration card and Ext.P9 passport in the name of the accused as per Ext.P7 seizure mahazer. The ration card was subsequently returned as per Ext.P8 kaichit. PW8 who was the Investigating Officer, obtained Ext.P13 sanction order and thereafter laid charge against the revision petitioner. 7. Even though the learned counsel appearing for the revision petitioner assailed on various grounds the judgments of the Courts below, I see little scope for interference with the sentence imposed on the accused as well. However, the direction by the courts below that the sentences shall run consecutively was not justified. The sentences are accordingly directed to run Crl.R.P. No. 627/2010 : 5 : concurrently. This Revision which is devoid of any merit is accordingly dismissed confirming the conviction entered and the sentence passed against the revision petitioner. Dated this the 10th day of March, 2010. V. RAMKUMAR, JUDGE rv