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2025 Supreme(Online)(Ker) 46736

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. G. Ajithkumar, J
STATE OF KERALA – Appellant
Versus
GEORGE P.JOHN – Respondent


Advocates:
For the Appellants/Petitioners: SR PP, SMT SEETHA S, SHRI.G.SREEKUMAR
For the Respondents: SHRI.FRANKLIN ARACKAL, SRI.M.B.SOORI

O R D E R

The revision petitioner is the prosecution witness No.5 in CC No.252/2011 on the file of Judicial First Class Magistrate Court, Chavakkad. The above case was charge sheeted alleging offences punishable under Sections 457 and 380 IPC. The allegation in CC No.252/2011 was that the accused therein had committed lurking house trespass by night and committed theft of 6 gold bangles weighing 11 sovereigns and a Nokia Mobile Phone belonging to the 2nd respondent herein who is the defacto complainant and prosecution witness No.7. MO5 gold ingot and MO6 gold pieces were seized from the revision petitioner on the allegation that he purchased bangles from the accused and converted it to gold ingots and gold pieces is the case of the prosecution.

2. During the trial, prosecution examined revision petitioner as PW5 and 2nd respondent as PW7. MO1 to MO5 were marked. During the course of the trial, the petitioner filed Annexure-A1 petition for release of MO5 and MO6 and the 2nd respondent filed Annexure-A2 for release of MO1 to MO6. Subsequently, as per Annexure-A3 judgment, the trial court acquitted the accused. By the same judgment, MO1 to MO4 were confiscated and MO5 and MO6 were retu

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