Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
Raja @ Mathew S/o Xavier – Appellant
Versus
State Rep. by its the Inspector of Police, Kunnathur Police Station – Respondent
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
The prosecution must establish guilt beyond reasonable doubt; lack of eyewitness testimony and procedural failures in identification necessitate acquittal.
The prosecution failed to establish the guilt of the accused beyond reasonable doubt due to inadequate identification procedures and lack of concrete evidence linking them to the crime.
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.
The court upheld the conviction based on the evidence of witnesses and the recovery of the stolen gold chain, and rejected the plea to reduce the sentence and release the petitioner under the Probati....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
