This Criminal Revision petition has been filed aggrieved by the order of the Additional District and Sessions Judge, Gobichettypalayam, made in C.A.No.152 of 2009 confirming the order of conviction and sentence passed by the Principal Assistant Sessions Court, Gobichettipalayam for an offence under Section 450, 392 and 394 IPC.

2. The case of the prosecution is that on 02.10.2008 at about 12.30 a.m when the de facto complainant [PW-1] was in her house, the accused committed trespass by entering into the house of PW-1 and committed a robbery of cash of Rs.4,900/- [Rupees Four Thousand Nine Hundred Only] and when the same was resisted by PW-1, voluntarily caused simple injuries. On a complaint given by PW-1, an FIR was registered by the respondent Police in Cr.No.203 of 2008 on 02.10.2008 at about 4.30 a.m for an offence under Section 457 and 384 IPC.

3. The petitioner is well known to PW-1 and he is her neighbour. PW-1 is living alone and she was working at Amarjothi Mill. On 01.10.2008, she returned back from work at around 11.00 p.m. At about 12.30 a.m. when she was sleeping in a Cot near the door entrance, the accused entered the house of PW-1 and demanded money and starting pressing her neck. PW-1 requested the accused not to harm her and voluntarily handed over a sum of Rs.4,900/- [Rupees Four Thousand Nine Hundred Only] from her house. In the course of events, when she resisted the attempt made by the accused, the accused had bitten her in the right little finger and also pushed her and left the scene of occurrence by threatening her not to tell about the incident to anyone.

4.Thereafter, PW-1 accompanied by PW-2 who is her brother and PW-3 who is the nephew of PW-1, went to the Police Station and gave a complaint at around 4.00 a.m to PW-7 who was the Head Constable. PW-7 on receipt of the complaint Ex.P-1, registered a FIR in Crime No.203 of 2008 for an offence under Section 457 and 384 IPC. PW-7 thereafter sent PW-1 for medical treatment and he had also forwarded the complaint and FIR to the Judicial Magistrate Court. On 02.10.2008, PW-5 who is the Doctor at Gopichettipalayam, Government Hospital gave treatment to Pw-1. Ex.P-6 which is the Accident Register reveals that PW-1 sustained simple injuries.

5. PW-8 who is the Sub Inspector of Police took up the case for investigation, and visited the place of occurrence and prepared an Observation Mahazar [Ex.P-4] and Rough Sketch [Ex.P-9] in the presence of witness PW-6. Thereafter, [PW-9] Inspector of Police took up the case for further investigation and he examined the witnesses. In the meantime on 02.10.2008 at about 4.15 p.m., the petitioner was arrested near Cellipalayam Bus Stop. On his confession, he voluntarily surrendered Rs.4,900/- [Rupees Four Thousand Nine Hundred Only] which he had kept in his house, in the presence of witness PW-6. The admitted portion of the confession was marked as Ex.P-11.

6. On completion of investigation, a Charge Sheet was laid for an offence under Section 450, 392 and 394 IPC. The Trial Court took cognizance of the Final Report and framed charges against the petitioner and made him stand for a trial for the alleged offences.

7. The prosecution examined PW-1 to PW-9 as witnesses and marked Exs.P-1 to P-11 and also MO-1 and MO-2, which are the currency notes recovered from the accused person.

8. The Trial Court on appreciation of the evidence available on record, came to the conclusion that the petitioner has committed the offence and thereby passed an order of conviction and sentence convicting the petitioner for an offence under Section 450, 392 and 394 IPC and sentenced to undergo 7 years Rigorous Imprisonment for each of the offence and pay a fine of Rs.1,000/- for each of the offence and in default to undergo 6 months Simple Imprisonment. The sentence was ordered to run concurrently.

9. The petitioner aggrieved by the said order of conviction and sentence, filed an appeal in C.A.No.152 of 2009. The Appellate Court on appreciation of t