The prosecution must establish guilt beyond reasonable doubt; lack of eyewitness testimony and procedural failures in identification necessitate acquittal.

ORDER :

1. Crl.R.C.No.1636 of 2022 is filed by A1 and Crl.R.C.No.1671 of 2022 is filed by A2 in C.C.No.173 of 2019.

2. The petitioners/A1 and A2 were convicted by the trial Court in C.C.No.173 of 2019 by the judgment dated 08.09.2021 for offence under Section 392 of I.P.C. and sentenced to undergo each three years rigorous imprisonment and to pay a fine of Rs.1,000/- in default, to undergo three months simple imprisonment. Aggrieved against the same, both the petitioners preferred an appeal in Crl.A.No.68 of 2021 before the II Additional District and Sessions Judge, Tiruppur. The learned Sessions Judge, by the judgment dated 02.09.2022, dismissed the appeal confirming the conviction and sentence of the trial Court, against which, the present revisions are filed:

(i) The gist of the prosecution case is that on 02.02.2011 at about 15.00 hours, when the victim Chinnammal was going to her agricultural land, two persons followed her in a bike. One of them got down, using a cutter, cut the 4 sovereigns of gold chain from her neck and another person was waiting in the bike and both of them fled from the scene.

(ii) Thereafter, she went crying, informed PW2, her adjacent land owner, who asked her to go home and he informed PW1, son of the victim.

(iii) PW1 along with his mother/victim went to the police station, lodged a complaint to the respondent police. The Special Sub Inspector of Police, Kamalasekaran, received the complaint, registered a case in Crime No.190 of 2011 for offence under Section 392 of I.P.C.

(iv) The Special Sub Inspector of Police visited the scene of occurrence, prepared observation mahazar, rough sketch, enquired the witnesses present in the scene and thereafter PW12 took up investigation. On 09.09.2012, the successor to PW12 continued investigation.

(v) Since similar kinds of offences occurred in that area, a special team was formed. PW14 conducted road check on 30.06.2012 and at about 7.30 a.m., a red colour Qualis car with Kerala Registration No.KL-10-L-4251 was intercepted, in which 12 persons including the driver found. Out of 11 occupants, 6 persons enquired by PW14 and 5 persons enquired by Inspector Eswaran. During enquiry, they gave contradictory statements and further strenuous enquiry conducted.

(vi) A1 & A2/petitioners herein admitted and confessed the commission of offence in this case and other similar offences. A1 gave a confession/Ex.P13 and A2 gave a confession/Ex.P14.

(vii) Based on the confession, the police team went to Muthoot Fincorp, where jewels pledged and the police seized the gold jewels through seizure mahazar/Ex.P15.

(viii) PW13 on coming to know about the petitioners’ arrest in another case and detained in Central Prison, Coimbatore, on 11.07.2012 obtained P.T. Warrant. Thereafter formal arrest shown in this case.

3. During trial, on the side of the prosecution, PW1 to PW15 examined, Exs.P1 to P15 marked and M.O.1 produced. On the side of the defence, no witness examined and no document marked. On conclusion of trial, the trial Court convicted the petitioners and the lower appellate Court confirmed the conviction as stated above.

4. The learned counsel for petitioners submitted that the petitioners falsely implicated in this case. Admittedly, PW1/son of victim not an eyewitness. The victim, mother of PW1 is the only person, who had seen the accused who snatched her chain. The victim in this case not examined as witness, since she died during investigation. PW2 projected eyewitness admit that he was in the field at the time of incident. PW3, PW4 and PW5 are neighbours. They admit that they have not seen the occurrence proper and they were informed about the incident. PW6 and