Sajitha vs Unknown on 28 October, 2008

Kerala High Court
Sajitha vs Unknown on 28 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3250 of 2008()


1. SAJITHA, D/O.A.I. ABDUL MAJEED,
                      ...  Petitioner
2. BEEVATHU, W/O.AMMUKUNJI, DO.
3. YOUSEPH, S/O.AMMUKUNJI, DO.DO.

                        Vs



4. STATE OF KERALA, REP. BY S.I.OF POLICE
                       ...       Respondent

                For Petitioner  :SRI.AVM.SALAHUDIN

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :28/10/2008

 O R D E R
              M.SASIDHARAN NAMBIAR,J.
            ===========================
           Crl.R.P. NO. 3250    OF 2008
            ===========================

      Dated this the 28th day of October,2008

                       ORDER

Petitioner is the de facto complainant in

C.C.864/2003 on the file of Judicial Magistrate of

I Class, Kodungallur. Respondents 1 to 4 are the

accused out of which second respondent is no more.

First respondent is the husband of the petitioner.

Petitioner lodged Ext.P7 complaint numbered as CMP

8459/2002 before Judicial First Class Magistrate.

Learned Magistrate forwarded the complaint under

section 156(3) of Code of Criminal Procedure for

investigation based on which Ext.P3 F.I.R was

registered. Police after investigation laid the

charge for the offences under sections 498A, 406,

and 420 read with section 34 of IPC. Accused

appeared before the learned Magistrate and pleaded

not guilty. On the side of the prosecution, seven

witnesses were examined and seven exhibits were

marked. Learned Magistrate on the evidence found

CRRP3250/2008 2

the accused not guilty. They were acquitted under

section 248(1) of Code of Criminal Procedure. The

order of acquittal is challenged in this revision

filed under section 397 read with section 401 of

Code of Criminal Procedure.

2. Learned counsel appearing for petitioner

was heard.

3. Learned counsel vehemently argued that

learned Magistrate did not properly appreciate the

evidence and appreciation of evidence was

perverse. It was argued that the fact that first

respondent husband admitted in Ext.P5 power of

attorney that gold ornaments of the revision

petitioner, his wife, were sold and the funds were

utilised by the husband was not properly taken into

consideration. Learned counsel also argued that

eventhough petitioner has no case that the 20 cents

of property which was assigned by the father of the

petitioner to first respondent was the subject

matter of the power of attorney executed and

learned Magistrate wrongly took it that way and it

CRRP3250/2008 3

establishes that appreciation of evidence was

perverse. It was further argued that learned

Magistrate on the evidence found the accused

guilty and the order of acquittal is not

sustainable. Learned counsel also made available

copy of Ext.P7 complaint as well as Ext.P5 power of

attorney and the depositions of the witnesses

examined.

4. On hearing the learned counsel and on going

through the judgments and the depositions made

available, I do not find any reason to interfere

with the order of acquittal passed by the learned

Magistrate. So long as appreciation of evidence

was not perverse it is not for this court to

reappreciate the evidence and substitute the

findings of the learned Magistrate especially when

no material evidence was overlooked by the learned

Magistrate. On going through the judgment and the

evidence, it cannot be said that the view taken by

the learned Magistrate on appreciation of evidence

is not a possible or reasonable view that could be

CRRP3250/2008 4

taken on the evidence. There was flagrant violation

of procedures and resultant miscarriage of justice.

In such circumstance, revision is dismissed.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

———————

W.P.(C).NO. /06

———————

JUDGMENT

SEPTEMBER,2006

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes:

<a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

* Copy This Password *

* Type Or Paste Password Here *