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2023 Supreme(Ker) 518

BECHU KURIAN THOMAS
Rajesh, S/o. Edassery Velu – Appellant
Versus
State of Kerala, Through the Circle Inspector of Police, Mala Police Station, Through the Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Sri. T.N. Manoj.
For the Respondent: Sri. Noushad K.A., Public Prosecutor.

ORDER :

Two idols claimed to be owned and possessed by the revision petitioner landed him in a criminal case which he has been fighting for the last thirteen years. He was convicted terming it as possession not accounted for. Challenging his conviction for the offence under Section 53A of the Kerala Police Act, 1960 ('the Act' for short), this revision petition has been preferred.

2. Prosecution alleged that on 18.11.2009, at around 4.30 p.m., while the revision petitioner was travelling in his car through a public road, the Sub Inspector of Mala Police Station, while on his routine vehicle inspection duty, found two idols of quinary metal kept beneath the back seat of his car. Asserting that he was unable to give a satisfactory explanation for the two idols, petitioner was alleged to have committed the offence under Section 53A of the Act of keeping in possession stolen property or property that could not be accounted for.

3. During the trial of the case, the prosecution examined PW1 to PW4 and marked Ext.P1 to Ext.P3 apart from the two idols which were marked as MO1 and MO2. On the basis of the evidence of PW2, the trial court came to the conclusion that the idols seized from the po

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