IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 3020 of 2007()
1. CHANDRANANDAN, S/O NARAYANAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SURIN GEORGE IPE
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :22/08/2007
O R D E R
V. RAMKUMAR, J.
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Crl. R.P. No. 3020 OF 2007 B
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Dated this the 22nd day of August, 2007
O R D E R
The revision petitioner, who was the accused in
C.C.No.485/2004 on the file of the JFCM-III, Kottayam, challenges
the conviction entered and the sentence passed concurrently by
the courts below for offences punishable under sections 451 and
354 IPC.
2. The case of the prosecution can be summarised as
follows:-
On 11.4.03 at about 9 a.m. the accused criminally
trespassed into the house of PW3 at Chengalam village,
Thiruvarpu Panchayat (House No.402 of Ward No.I, Irupathilchira
House) and got into the bedroom by forcibly opening the door with
the intention of outraging the modesty of PW3 and tore the blouse
worn by her and pushed her down and outraged her modesty by
fondling her breasts while she was in a recumbent position.
3. On the side of the prosecution 5 witnesses were
examined as PWs 1 to 5 and 4 documents were marked as
Exts.P1 to P4 and the torn blouse was marked as MO1.
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4. The accused denied the incriminating circumstances
appearing against him during his examination under section 313
(1)(b) Cr.P.C. He did not adduce any defence evidence.
5. The learned Magistrate after trial, as per judgment
dated 3.11.06 convicted the revision petitioner for the offences
charged against him and sentenced him to undergo simple
imprisonment for two months and to pay a fine of Rs.1,000/-
(Rupees one thousand only) and on default to pay the fine, to
suffer simple imprisonment for a period of one month under
section 451 IPC and to pay a fine of Rs.2,000/- (Rupees two
thousand only) and on default to pay the fine, to suffer simple
imprisonment for one month under section 354 IPC. An appeal
preferred by the revision petitioner as Criminal Appeal No.750/06
before the Session Court, Kottayam was dismissed. Hence, this
revision.
6. Eventhough the learned counsel for the revision
petitioner assailed the conviction on various grounds, I am not
inclined to interfere with the conviction since the same has been
recorded after a careful evaluation of the oral and documentary
evidence in the case. Both the courts have believed the credible
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testimony of PW3, the victim, as well as her sister PW4,
notwithstanding the hostility of PW1, a neighbour who, in the
normal case, cannot be expected to see an occurrence taking
place inside the bed room of the house of PW3. In the absence of
any infirmity in the appreciation of evidence of the court below, this
court, sitting in the rarefied revisional jurisdiction, will be loathe to
interfere with the findings recorded by the courts below which are
the final courts of fact. I, therefore, confirm the conviction
recorded against the revision petitioner.
7. What now survives for consideration is the legality or
otherwise of the sentence imposed on the revision petitioner.
Eventhough the motive put forward by the revision petitioner as a
defence that he was falsely implicated as he was witness to a
transaction entered into by the brother of PWs 3 and 4, was not
accepted by the courts below, the fact remains that there was
some misgiving between the brother of PW3 and the accused.
While the hostility between the said persons may not constitute
motive for him to stake the reputation of his sister(PW3) that may
have some relevance in the fixing of the sentence to be imposed
on the revision petitioner. Accordingly, the sentence imposed on
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him by the courts below is set aside and instead, he is sentenced
to undergo imprisonment till the rising of the court and to pay a
fine of Rs.5,000/- (Rupees five thousand only) and on default to
pay the fine, to suffer simple imprisonment for one month under
section 451 IPC and to pay a fine of Rs.5,000/- (Rupees five
thousand only) and on default to pay the fine, to suffer simple
imprisonment for a period of one month under section 354 IPC.
The fine amount shall be remitted within 60 days, failing which he
shall undergo the default sentence. The fine amount, as and
when realised, shall be paid to PW3 by way of compensation
under section 357(1) Cr.P.C.
This revision is disposed of as above.
(V. RAMKUMAR, JUDGE)
aks