High Court Kerala High Court

Jinto Joseph vs State Of Kerala Represented By The on 25 March, 2008

Kerala High Court
Jinto Joseph vs State Of Kerala Represented By The on 25 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 3550 of 2007()


1. JINTO JOSEPH, S/O. JOSEPH VARKEY,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.M.J.THOMAS

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :25/03/2008

 O R D E R
                        V. RAMKUMAR, J.

               * * * * * * * * * * * * * * * * * *
                   Crl. M.C. No. 3550 of 2007
               * * * * * * * * * * * * * * * * * *
                       Dated: 25-03-2008


                              ORDER

Petitioner who was the accused in C.C. Nos. 337 , 338, 383

and 384 of 2006 and C.C. No. 1 of 2007 on the file of J.F.C.M.,

Ettumanoor and C.C. 484 of 2006 on the file of J.F.C.M. III,

Kottayam, seeks a direction under Sec. 427 read with Sec. 482

Cr.P.C. that the sentence passed against the petitioner in all the

above six cases shall run concurrently.

2. The petitioner was the common first accused in C.C.

Nos. 337, 338, 383 and 384 of 2006 on the file of the J.F.C.M.,

Ettumanoor. The petitioner was the 2nd accused in C.C. 1 of 2007

on the file of the J.F.C.M. Ettumanoor. He was the first accused

in C.C. 484 of 2006 on the file of the J.F.C.M. III, Kottayam. All

the above cases were theft cases. The property involved in C.C.

No. 337 of 2006 is a gold chain weighing 1 > sovereigns and

worth Rs. 11000/- snatched from the body of P.W.1 therein

(Annakutty Joseph) while she was walking along the road. The

property involved in C.C. No. 338 of 2006 is a Scorpio Car worth

Rs. 6,00,000/-. The property involved in C.C. No. 383 of 2006 is

a Maruti Car worth Rs. 40,000/-. The property involved in C.C.

No. 384 of 2006 is again a gold chain weighing 16.400 gms worth

Rs. 14,000/- snatched from the body of the first informant in

that case. The property involved in C.C. No. 1 of 2007 is again a

Crl. M.C. 3550 of 2007 -:2:-

gold chain weighing 12.500 grams worn by the woman examined

as P.W.2 in that case. The property involved in C.C. 484 of 2006

is a gold chain owned by the first informant who is another

woman.

3. The claim of the petitioner that he pleaded guilty in all

the aforesaid six criminal cases is a false claim. Annexures I to

6 judgments in the above cases show that the petitioner had

pleaded guilty only in C .C. 338 of 2006 and C.C. 1 of 2007 on

the file of the J.F.C.M. Ettumanoor and C.C. No. 484 of 2006 on

the file of J.F.C.M. III, Kottayam and he did not plead guilty in

the remaining three cases. No doubt, on the assertion made by

the petitioner that he was below the age of 19 years at the time

of occurrence in the aforesaid six cases, this Court called for the

report of the District Probation Officer, Kottayam and as per

report dated 23-3-2008 the District Probation Officer has stated

that he was involved in six criminal cases within a short span of

life , that all the above cases were theft cases, that he was below

the age of 20 years at the time of occurrence in those cases and

that he admitted all the offences. The Probation Officer has also

recommended that the petitioner’s case is a suitable one to be

dealt with under the provisions of the Probation of Offenders

Act, 1958 and that he may be released under Sec. 4(1) and 4(3)

of the said Act. The very fact that the District Probation Officer

has also blindly accepted the statement of the petitioner and his

family members to the effect that the petitioner pleaded guilty in

Crl. M.C. 3550 of 2007 -:3:-

all the cases, shows the non-application of mind by the District

Probation Officer. If the District Probation Officer had cared to

verify the judgments of the trial court it would have been

revealed that the petitioner had pleaded guilty only in three cases

namely C.C. No. 338 of 2006 and C.C. No. 1 of 2007 of J.F.C.M.,

Ettumanoor and C.C. No. 484 of 2006 of J.F.C.M. III, Kottayam.

In all the six cases the sentence imposed on the revision

petitioner is simple imprisonment for one year each.

4. In Ammavasal and Anr. v. Sub Inspector of

Police, Valliyannoor – AIR 2000 SC 3544 relied on by the

petitioner the Hon’ble Supreme Court was inclined to invoke Sec.

427 Cr.P.C. for giving concurrence to the accused therein taking

note of the fact that if he was not given the benefit of Sec. 427

Cr.P.C. the convict may have to undergo 28 years in jail. But

that is not the position with regard to the petitioner herein.

5. In M.R. Kuduva v. State of Andhra Pradesh – AIR

2000 SC 568 the Apex court held that when neither the trial

Court nor the High court had exercised jurisdiction under Sec.

427 Cr.P.C. while passing the judgment , the inherent power

under Sec. 482 Cr.P.C. could not exercised in an independent

proceeding by the High court for the sole purpose of giving the

benefit of Sec. 427 Cr.P.C.

6. Considering the involvement of the petitioner in six

different crimes which were committed in a daring manner, I am

not inclined to give him the benefit of Sec. 427 Cr.P.C.,

Crl. M.C. 3550 of 2007 -:4:-

particularly when the petitioner is guilty of stating falsehood

before this Court by contending that he had pleaded guilty in

all the six cases.

This Crl.M.C. is accordingly dismissed.





                                           Sd/-V. RAMKUMAR, JUDGE




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