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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
Babu S/o Gangadharan Pillai – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. This revision petition has been filed under Section 397 and 401 of the Code of Criminal Procedure (hereinafter referred to 'Cr.P.C.' for short).
2. The revision petitioner is the second accused in C.C.No.72/07 on the files of the Judicial First Class Magistrate Court-II, Attingal and he impugns judgment in the above case as well as judgment in Crl.A.No.254/2012 dated 03.03.2016 on the files of the Additional Sessions Court-VII, Thiruvananthapuram.
3. Heard the learned counsel for the revision petitioner as well as the learned Public Prosecutor. Perused the records.
4. I shall refer the parties in this revision petition as 'prosecution' and 'accused' for convenience.
5. The prosecution case is that at about 10.15 am on 17.09.2006, the second accused, who was a pillion rider on a Hero Honda Splendor motor cycle bearing registration No.KL-01-T-5984 ridden by the first accused, while travelling from Kilimanoor - Karette, snatched away a gold chain worn by the first witness, who was waiting for bus at Erattachira. The specific case is that the second accused got out from the bike and snatched away the gold chain, weighing 55.825 gm having value of Rs.55,000/-. On this occurrence,
Identification of an accused at trial, despite lacking a Test Identification Parade, can support a conviction when corroborated with reliable recovery evidence.
Recovery alone is not sufficient to establish guilt in a case relying on circumstantial evidence.
The court upheld the conviction for dacoity based on corroborative eyewitness accounts and proper conduct of the Test Identification Parade.
Prosecution must adhere to proper identification procedures; failure to conduct Test Identification Parades and reliance on inadequate evidence can lead to acquittal.
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