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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.1637 of 2022 is filed by A1 and Crl.R.C.No.1670 of 2022 is filed by A2 in C.C.No.156 of 2019.
2. The petitioners/A1 and A2 were convicted by the trial Court in C.C.No.156 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.69 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.
3. (i) The gist of the prosecution case is that on 11.02.2011 at about 11.00 a.m., the de facto complainant, Chinnammal was grazing her goats along with PW2 near Kurinji Junction in Periyanna Gounder filed. Both of them were standing under a Palm tree. At that time, two persons, one aged about 22 years and another aged about 42 years came in a bike, asked for the address and direction to go to Chookanur, thereafter they left
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.
The prosecution must establish guilt beyond reasonable doubt; lack of eyewitness testimony and procedural failures in identification necessitate acquittal.
Recovery alone is not sufficient to establish guilt in a case relying on circumstantial evidence.
Identification of an accused at trial, despite lacking a Test Identification Parade, can support a conviction when corroborated with reliable recovery evidence.
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....
The court upheld the conviction for dacoity based on corroborative eyewitness accounts and proper conduct of the Test Identification Parade.
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