IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Crl.Rev.Pet.No. 786 of 2008() ----------------------------- CRA.1004/2005 of ADDL. SESSIONS COURT, THRISSUR CC.79/2001 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... REVN. PETITIONER: APPELLANT/ACCUSED NO.1 ---------------------------------------- SANTHAMMA POULOSE, W/O. PHILIPOSE, KARIKKOTTUPUTHENPURAYIL HOUSE, ELANADU VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ RESPONDENTS: RESPONDENTS/COMPLAINANT & STATE -------------------------------------------- 1. KURIYAN, S/O. KURIAKOSE, VETTUKUZHIYIL HOUSE, ELANADU VILLAGE, THALAPPILLY TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR,J. ========================= CRL.R.P.NO.786 OF 2008 ========================= Dated this the 11th day of March 2008 JUDGMENT The petitioner, who was concurrently convicted under Section 417 IPC, was sentenced by the lower appellate court to simple imprisonment for 15 days and to pay the cheque amount of Rs.1,31,262,70 as compensation. 2. The conviction has been recorded concurrently by the court below, after a careful evaluation of the oral and documentary evidence in the case. This Court sitting in revision will be loath to interfere with the said conviction, in the absence of any infirmity in the appreciation of the evidence by the courts below. Accordingly the conviction is recorded against the revision petition is confirmed. 3. What now survives for consideration is the question of 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 petitioner, who is a lady, deserves penal servitude by way of incarceration. I am convinced that an CRL.M.C.786/2008 2 appropriate sentence of imprisonment till the rising of the court and compensation will meet the ends of justice. Accordingly, for the conviction under Section 417 IPC, the petitioner is sentenced to imprisonment till rising of the court and to pay a sum of Rs.1,05,000/- (Rupees One lakh and five thousand only) as compensation under Section 357(3) Cr.P.C. The compensation shall be paid to PW1, the complainant, within six months from today, failing which the petitioner shall undergo simple imprisonment for three months, by way of default sentence. The petitioner shall surrender before the trial court on 15.9.2008 to receive the sentence of imprisonment till the rising of the court. V.RAMKUMAR, JUDGE css/