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2023 Supreme(Online)(KER) 24437

HIGH COURT OF KERALA
C.S. DIAS, J
SAIDALAVI @ SAYED – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SRI.BABU S. NAIR, SRI.P.A.RAJESH, SMT.SMITHA BABU

O R D E R

The revision petition is filed questioning the legality and correctness of the judgment of the Court of Session, Manjeri Division(Adhoc-II, Manjeri) (Appellate Court), in Crl.A. No.156/2010, confirming the judgment of the Court of the Chief Judicial Magistrate, Manjeri(Trial Court), in C.C. No.417/2014, convicting the revision petitioner for an offence punishable under Section 411 of the Indian Penal Code , 1860(in short, ‘ IPC ’) and sentencing him to undergo rigorous imprisonment for a period of six months. The revision petitioner was the second accused and the first accused died during the trial.

Facts in brief:

2. The prosecution case is that, on 13.09.2004, at about 10.30 a.m., the first accused broke open the house of the PW1 and stole her gold ornaments and Rs.11,000/- belonging to PWs 1 & 2. The second accused(revision petitioner) knowing that the gold ornaments were stolen property, pledged some of the gold ornaments with a finance company and sold the remaining gold ornaments to a merchant. Thus, the second accused committed the offence under Section

411 of the IPC .

3. The revision petitioner pleaded not guilty to the accusation read over to them. Pending trial,

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