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2017 Supreme(Online)(KER) 8218

HIGH COURT OF KERALA
K.P.JYOTHINDRANATH, J
V.J. JOHNY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.RAJIV NAMBISAN

ORDER

This revision petition is filed against the conviction entered against the revision petitioner in C.C.No.129/2003 on the file of the Judicial First Class Magistrate Court II, Aluva which was confirmed by the Sessions Court by its judgment dated 12.1.2012 in Crl.Appeal No.232/2010. The conviction is under Section 380 of IPC and the revision petitioner was sentenced to undergo simple imprisonment for one year and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for one month.

2. When the revision petition came up for hearing, the learned counsel appearing for the revision petitioner submitted before me that here is a case where appreciation of the evidence by the court below is perverse. It is submitted that the case of the prosecution is that from a non functioning company namely Seven Seas Nylon Ltd., brass shuttles were stolen. A crime was registered and a charge sheet was filed against 8 persons. Out of the eight accused, accused 2, 4 5, 6 and 8 appeared and after examination of seven witnesses, marking of Exts.P1 to P10 and MO1, the revision petitioner alone was convicted.

It is the submission that the main evidence relied upon by the prosecution is t

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