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2004 Supreme(Mad) 309
High Court of Judicature at Madras
THE HONOURABLE MRS. JUSTICE R. BANUMATHI
Ravi & Others - Appellant
Versus
State, rep.by Inspector of Police - Respondents
C.A.286/1997
Decided On : 01 March 2004
The recovery of stolen property and the absence of the complainant's testimony did not undermine the prosecution's case, leading to the conviction of the accused.
Headnote:
Robbery - Criminal Law - Section 395 I.P.C - Summary
Fact of the Case:
The accused were convicted under Section 395 I.P.C for snatching a large sum of money from the complainant. The prosecution's case was based on the evidence of police witnesses and the absence of the complainant's testimony due to his untraceability.
Finding of the Court:
The court found the accused guilty beyond reasonable doubt based on the evidence of police witnesses and the recovery of the stolen money. The court also noted the complainant's unavailability and the suspicious nature of the unclaimed money.
Issues: (i) Non-examination of the complainant-Mohamed Basil (ii) Proof of guilt beyond reasonable doubt (iii) Interference with the conviction and sentence
Ratio Decidendi: The court held that the absence of the complainant's testimony did not undermine the prosecution's case, and the accused were caught red-handed, supporting the guilt beyond reasonable doubt. The unclaimed money raised doubts about its source, and the recovery of the stolen money was crucial in establishing the guilt of the accused.
Final Decision: The court confirmed the conviction and sentence of the accused under Section 395 I.P.C and dismissed the appeal.
Accused 1 to 4 in S.C.30/96 on the file of Additional Sessions Judge, Pondicherry at Karaikal are the appellants. By the judgment dated 27.3.97 the learned Additional Sessions Judge convicted the Appellants/A1 to A4 under Section 395 I.P.C and sentenced them to undergo rigorous imprisonment for four years.
2.Case of the prosecution could briefly be stated thus:
Complainant-Mohamed Basil was employed with one K.M.S. Madharsha of Door No.159, V.M. Street, Thiruvellikeni. Complainant was employed to disburse money to the parties. On the night of 25.3.96, his employer Madharsha had given Mohamed Basil Rs.1,05,000/- (Rs.100/- Currency Notes 10 Bundles and Rs.50/- Currency Notes-one bundle) to be handed over to one Muslim lady near Karaikal-Ambagarathur.
3. Complainant-Mohamed Basil kept the currency bundles in a cloth pouch, tied and hidden it along his waist. On the night of 25.3.96, the complainant proceeded from Madras. On the early morning at about 5.30 a.m on 26.3.96 in Mayavaram the complainant finished his morning tiffin. At about 10.00 a.m, the complainant was proceeding in the Main Road Ambagarathur in front of the house of Chandraboss. At that time, accused 1 to 4 and the absconding accused Rajou came down from the Car bearing Registration No.TN-51-Z-2442 (M.O.1) and stopped near him. A1 to A4 and the absconding accused snatched the cloth belt pouch from the complainant containing Rs.1,05,000/- and took to their heels to get into the standby car. A4-Jayaraman was waiting near the car to start the same. Complainant Mohamed Basil started to shout. P.W.1-Ramakrishnan-Home Guard and P.W.6-Selvaraj-Constable were on Panthobust Duty in connection with Ambagarathur Kaliamman Temple. Upon hearing the voice raised by Complainant-Mohamed Basil, P.Ws.1 and 6 and P.Ws.3 and 4 went near the scene. On seeing the public, A4-Jayaraman ran away from the scene of occurrence. A1 to A3 and the absconding accused Rajou were brought to Ambagarathur Police Station by P.Ws.1, 3, 4 and 6 along with the Car-M.O.1 and M.O.2-Pouch containing Rs.1,05,000/-.
4. Registration of the case: Accused, Car and Cash were handed over to P.W.3-Assistant Sub-Inspector attached to Ambagarathur Out Post Police Station at 10.00 a.m. Mohamed Basil informed P.W.3 about the happenings. His statement Ex.P2 was recorded by P.W.3-A.S.I. M.O.1 car was secured with the assistance of another Home Guard-Kaliaperumal. P.W.3 produced the complainant-Mohamed Basil and his statement Ex.P2 and the accused persons before Sub-Inspector of Police, Thirunnallar at 1.30 A.M on 26.3.96. On the basis of Ex.P2 a case was registered in Crime No.23/96 under Section 395 I.P.C under Ex.P3-Express F.I.R. Cash of Rs.1,05,000/- (M.O.3 series) was seized under Ex.P4-Form-95.
5.Treatment of Mohamed Basil: Since Mohamed Basil sustained simple injuries, he was sent to Thirunallar Community Health Centre. On requisition from the Station House Officer, Thirunallar, P.W.2-Dr.Narayanasamy had treated the complainant-Mohamed Basil. He has noted multiple linear scratch mark on left side of neck. Opining that the injuries might have been caused due to finger nails and that the injuries are simple in nature P.W.2 issued Ex.P1-Wound Certificate.
6.Investigation: Upon receipt of Ex.P3-F.I.R, P.W.8-Inspector of Police had taken up the investigation. The accused 1 to 3 and the absconding accused Rajou were arrested and remanded to custody on 27.3.96. Seized material objects were remanded to the court. The absconding accused Jayaraman voluntarily surrendered before the court on 10.4.96. On making necessary application, P.W.8-Investigating Officer had taken police custody of accused Jayaraman on 11.4.96 and 12.4.96. He was interrogated and later sent to judicial custody. Upon completion of the formalities of the investigation, charge sheet was filed against the accused on 26.8.96 under Section 395 I.P.C.
7.To substantiate the charges against the accused, in the trial court, P.Ws.1 to 8 were examined. Exs.P1
