IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.Rev.Pet.No. 1579 of 2007()
1. BINU, S/O.KRISHNANKUTTY,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.SASTHAMANGALAM S. AJITHKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :19/12/2008
O R D E R
M. SASIDHARAN NAMBIAR, J.
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CRL.R.P. NO. 1579 OF 2008
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Dated this the 19th day of December, 2008
O R D E R
Revision petitioner is the accused in C.C.367 of 2001 on
the file of Judicial First Class Magistrate-I, Attingal. Petitioner
was convicted and sentenced to simple imprisonment for one
year and fine of Rs.3,000/- for the offence under section 380 of
Indian Penal Code. Petitioner challenged the conviction before
Sessions Court, Thiruvananthapuram in Crl. Appeal 100 of 2004.
Learned Additional Sessions Judge on reappreciation of evidence
confirmed the conviction and sentence and dismissed the appeal.
It is challenged in the revision.
2. Though revision was filed through Adv. Mr.
Sasthamangalam S. Ajithkumar, the counsel subsequently
relinquished the vakalath. On going through the judgments of
the Courts below, it is seen that the period of sentence is already
over. Therefore Registry was directed to verify whether
petitioner is undergoing sentence or was released. It is reported
that revision petitioner was released from prison on 31.12.2007
in this case and he is undergoing the sentence in C.C.234 of
CRRP 1579/2007 2
2001on the file of Judicial First Class Magistrate-I, Attingal.
3. On going through the judgments of Courts below, I
find no reason to interfere with the conviction or the sentence
for the offence under section 380 of Indian Penal Code as
conviction was based on the evidence on record which was
properly appreciated by the Courts below in the proper
perspective.
Revision petition is dismissed.
M. SASIDHARAN NAMBIAR,
JUDGE
Okb/-