Prasad vs State Of Kerala on 26 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 803 of 2009()


1. PRASAD, S/O.KOCHUKUNJU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.M.V.THAMBAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :26/03/2009

 O R D E R
                                   V. RAMKUMAR, J.
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                               Crl.R.P.No.803 of 2009
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                                   Dated: 26.03.2009

                                        O R D E R

In this revision filed under Sec. 397 read with Sec. 401

Cr.P.C. the petitioner who is the accused in C.C. No……..of……

on the file of the J.F.C.M…. for offences punishable under

Sections………………….. challenges the conviction entered and the

sentence passed against him for offences punishable under

Sections……………I.PC.

2. The case of the prosecution can be summarised as

follows:

……………………………………………………………………………..

3. On the accused pleading not guilty to the charge

framed against him by the trial court for the aforementioned

offences, the prosecution was permitted to adduce evidence in

support of its case. The prosecution altogether

examined ………….. witnesses as P.Ws 1 to …….. and got

marked …… documents as Exts. P1 …………… and …………….

material objects as MOs………….

4. After the close of the prosecution evidence, the

accused was questioned under Sec. 313 (1)(b) Cr.P.C. with

regard to the incriminating circumstances appearing against him

in the evidence for the prosecution. He denied those

circumstances and maintained his innocence. He did not adduce

Crl.R.P.No. -:2:-

any defence evidence when called upon to do so.

5. The learned Magistrate, after trial, as per judgment

dated…………… found the revision petitioner guilty of the

offences punishable under Sections …….I.P.C. and sentenced him

to……………. On appeal preferred by the revision petitioner

before the Sessions Court ………….. the lower appellate court as

per judgment dated…………… confirmed the conviction entered

and the sentence passed against the revision petitioner. Hence,

this Revision.

6. Eventhough the learned counsel appearing for the

revision petitioner assailed on various grounds the conviction

entered against the revision petitioner, in as much as the

conviction has been recorded by the courts below concurrently

after a careful evaluation of the oral and documentary evidence

in the case, this Court sitting in revision will be loathe to

interfere with the said conviction which is accordingly

confirmed.

7. What now survives for consideration is the question

regarding the adequacy or otherwise of the sentence imposed on

the revision petitioner. Having regard to the facts and

circumstances of the case, I do not think that the revision

petitioner deserves penal servitude by way of incarceration for

the said conviction. I am of the view that interest justice will

be adequately met by imposing a sentence to be passed

hereinafter. Accordingly, the sentence imposed on the

revision petitioner is set aside and instead he is sentenced

to ……………………………

Crl.R.P.No. -:3:-

In the result, this Revision is disposed of confirming the

conviction entered but modifying the sentence imposed as above.

V.Ramkumar, Judge.

sj