ORDER

This revision petition is directed against the judgment in Crl.A No.249/2016 of Sessions Court V, Thiruvananthapuram which confirmed the order of conviction and sentence against the revision petitioner/accused in C.C.No.728/2011 on the file of Judicial First Class Magistrate Court II, Thiruvananthapuram for the offence punishable under Section 381 of Indian Penal Code (hereinafter referred to as IPC ).

2. In short the prosecution case is that on 5.7.2011 at about 12.30 pm, the revision petitioner/accused who was the poojari of Irumkulangara Bhagavathi Temple in Kamaleswaram committed theft of two silver vessels, one gold thali and one golden bindi of the deity of the said temple worth ₹8,000/- kept in the temple and thereby committed the offence punishable under Section 381 IPC .

3. After trial, the learned Magistrate found the revision petitioner/accused guilty of the offence punishable under Section 381 IPC and he was convicted and sentenced to undergo simple imprisonment for three months and to pay a fine of ₹3,000/- and in default of payment of fine, to undergo simple imprisonment for a period of two months.

4. The conviction and sentence was confirmed by the Sessions Cou