High Court Kerala High Court

Chandranandan vs State Of Kerala on 22 August, 2007

Kerala High Court
Chandranandan vs State Of Kerala on 22 August, 2007
       

  

  

 
 
  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
                ````````````````````````````````````````````````````
              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.

Crl.R.P.No.3020/07
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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

Crl.R.P.No.3020/07
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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