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.

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. A few minutes later one of them came from behind, held the hands of PW1 and snatched three sovereigns of gold chain from her. PW1 and PW2 raised alarm, by then these two persons fled from the scene. PW1 came home informed her son and husband. PW1 was illiterate, she does not know to read and write.

(ii) PW3, sister-in-law on coming to know about the incident enquired her, thereafter she took PW1 to the police station and lodged a complaint.

(iii) One Pongiyagounder, Special Sub-Inspector of Police, registered the complaint, registered a case in Crime No.233 of 2011 for offence under Section 392 of I.P.C.

(iv) PW11 took up investigation, visited the scene of occurrence, prepared observation mahazar, rough sketch and enquired the witnesses present in the scene of occurrence.

(v) PW2 was with PW1 at the time of occurrence. PW4 is the husband of PW1. PW5 is the son of PW1, PW6 is daughter-in-law of PW1 and PW7 is cousin brother of PW4. Except PW2, all other witness admit that they were informed about the incident and they are not eyewitnesses. The eyewitnesses in this case are PW1 and PW2.

(vi) PW8 is the witness for observation mahazar. PW9 and PW10 are the witnesses for arrest and confession and PW11 is the Investigating Officer.

(vii) PW12 is the Inspector of Police, who on coming to know about arrest of the petitioners in another case and confined in Central Prison, Coimbatore, obtained PT warrant on 11.07.2012. Thereafter formal arrest shown in this case.

(viii) PW13, Inspector of Police, Member of special team conducted road check on 30.06.2012 and at about 7.30 a.m., found a red colour Qualis car with Kerala Registration No.KL-10-L-4251 intercepted the vehicle, in which 12 persons including the driver found. Out of 11 persons, 6 person enquired by PW13 and 5 person enquired by Inspector Eswaran. During enquiry, they gave contradictory statements and further intensive enquiry conducted.

(ix) A1 & A2/petitioners herein admitted and confessed the commission of offence in this case and other similar offences. A1 gave confession/Ex.P15 and A2 gave confession/Ex.P16.

(x) 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.P17.

(xi) PW14, on completion of investigation filed charge sheet in this case.

4. During trial, on the side of the prosecution, PW1 to PW14 examined, Exs.P1 to P17 mark