Dismissed

Omanakuttan v. State of Kerala

Kerala HC16 Oct 2012Crl.Rev.Pet/2476/2004

Case brief

AI extract

What is this about?

In a criminal revision petition, the High Court of Kerala dismissed the accused's challenge to his conviction and sentence for theft under Section 380 IPC. The Court held the prosecution evidence, including arrests, identification, and recovery of stolen goods, was sufficient to prove guilt beyond reasonable doubt.

What did the court decide?

The criminal revision petition was dismissed.

Omanakuttan Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE S.SIRI JAGAN

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TUESDAY, THE 16TH DAY OF OCTOBER 2012/24TH ASWINA 1934

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Crl.Rev.Pet.No. 2476 of 2004 (D)

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CRA.149/2000 of ADDL.DISTRICT COURT (ADHOC), ALAPPUZHA CC.299/1995 of J.M.F.C.-I, CHERTHALA

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PETITIONER(S)/APPELLANT/ACCUSED:

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OMANAKUTTAN, S/O.KUMARA PANICKER, VELIYIL HOUSE, WARD NO. 9, KADAKKARAPPALLY PANCHAYAT CHERTHALA.

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BY ADV. SRI.J.OM PRAKASH

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY ADV. PUBLIC PROSECUTOR SMT. SEENA RAMAKRISHNAN

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THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.Rev.Pet.No. 2476 of 2004 (D)

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APPENDIX

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PETITIONER'S ANNEXURES:

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ANNEXURE A1: TRUE COPY OF MEDICAL CERTIFICATE DATED 25.08.2004 ISSUED BY DR.M.K.GOPALAKRISHNAN,D.A.M.

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RESPONDENTS ANNEXURES: NIL

//TRUE COPY//

P.A. TO JUDGE.

dlk

S. SIRI JAGAN, J.

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- - - - - - - - - - - - - - - - - - - - - - - Crl. Rev. Petition No. 2476 of 2004

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- - - - - - - - - - - - - - - - - - - - - - - Dated this the 16^th day of October, 2012

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O R D E R

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The petitioner is the accused in Calendar Case No.299/1995 before the Judicial First Class Magistrate's Court-I, Cherthala. He was prosecuted for an offence under Section 380 of the IPC. The prosecution case is as follows: The accused in furtherance of his intention to commit theft, at sometime between at 7.30 p.m. on 23.02.1995 and at 12.30 noon on 24.2.1995, took out a hand bag placed on the desk in the south-western room of Thayyidayil House bearing No.162 in Ward No.21 of Cherthala Municipality, using a stick through the open window on the southern wall of the said room, in which PW1 had kept a 'Thara Fashion' gold chain weighing 6 gms. a 'Manga Fashion' gold necklace weighing 12 gms, 2 gold rings weighing 2 gms, 2 gold jimikees weighing 4 gms, 6 gold rings and one handchain weighing 4 gms and committed theft of those gold ornaments weighing altogether 30 gms and replaced the

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Crl. Rev. Petition No. 2476 of 2004

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hand bag. Thus the accused has committed the offence charged against him. The prosecution examined PWs 1 to 10 and marked Exts.P1 to P6. MOs 1 to 7, which are the gold ornaments, were also marked. The defence did not adduce any evidence. On the basis of the evidence, the Magistrate convicted the accused and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.2,000/-, in default of payment of which, he was directed to undergo simple imprisonment for a further period of six months. He was granted set off of the period during which he had already undergone detention. The petitioner filed Crl. Appeal No.149/2000 before the Additional Sessions Judge, Fast Track (Adhoc-I), Alappuzha, who confirmed the conviction and sentence, dismissing the appeal. The petitioner is challenging the judgments of the courts below.

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The petitioner's contention is that there is serious infirmity in the recovery. According to the petitioner, Ext.P6 confession statement is only in respect of the receipts for pawning the gold ornaments, which were kept

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Crl. Rev. Petition No. 2476 of 2004

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in his house and the so-called confession statement was only that he can take out the receipts from his house and give them to the police. But based on the said confession, the recovery made is of the gold ornaments from the 'Travancore Financiers'. That is a serious discrepancy in the prosecution case, as a result of which, the petitioner is entitled to acquittal.

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The learned Public Prosecutor points out that the manager of Travancore Financiers and one employee of the said firm gave concrete evidence to the effect that the gold ornaments recovered from the firm were pledged with them by the petitioner. They had also identified the petitioner as the person who pawned the gold ornaments with them. They also deposed that they know the accused as well. PWs 1 & 2 had categorically identified the gold ornaments recovered from Travancore Financiers as the gold ornaments stolen from their house. The manager and one of the employees of M/s. Travancore Financiers identified the pawn receipts obtained from the house of the petitioner pursuant to Ext.P6 confession statement as those issued by

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Crl. Rev. Petition No. 2476 of 2004

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them. These evidences are more than sufficient to find the petitioner guilty beyond any reasonable doubt, is the contention raised.

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I have considered the rival contentions in detail.

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PWs 1 & 2 are the complainants in the case. They gave a complaint to the police immediately after the theft of the gold ornaments describing the ornaments in detail specifically. Subsequently, the police recovered the ornaments answering those descriptions from M/s. Travancore Financiers. PWs 1 & 2 have identified the gold ornaments so recovered from Travancore Financiers as theirs. PW4, the owner of the Travancore Financiers, Cherthala deposed before the court that, he knows the accused. He stated that the accused had pledged the said gold ornaments in his firm. He deposed that after two months from the date of the pledging of the same the police came to the firm, with the accused and recovered the pledged gold ornaments on 10.04.1995. He further stated that the accused had obtained Rs.7,100/- from his firm on pledging the gold ornaments in three items. He identified

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Crl. Rev. Petition No. 2476 of 2004

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the accused and Ext.P2 series of pawn tickets, which were issued to the accused at the time of pledging. He also identified MO Nos.1 to 7 as the gold ornaments, which the police had recovered from his firm. PW5 proved Ext.P3 recovery mahazar. PW9, an employee of the Travancore Financiers, Cherthala, also deposed in tune with the deposition of PW4. The pawn tickets were recovered from the petitioner's house pursuant to a confession made by him, which is marked as Ext.P6. I am of opinion that, even if there is irregularity in the investigation, the above evidence is more than sufficient to find the petitioner guilty of the offence alleged against him beyond a reasonable doubt. As such, I do not find any perversity in appreciation of evidence by the courts below. In the above circumstances, I do not find any merit in this Crl. R.P. and accordingly the same is dismissed.

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Sd/-

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S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE

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shg/

Omanakuttan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Omanakuttan v. State of Kerala

Case brief

What is this about?

What did the court decide?

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