Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Kauser Edappagath, J
ABDUL JABBAR – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accused charged with theft based on questionable identification. (Para 1 , 2 , 3) |
| 2. arguments presented regarding evidence and identification. (Para 4 , 5 , 6) |
| 3. court's reliance on recovery evidence while emphasizing need for corroboration. (Para 7 , 8 , 9 , 10) |
| 4. final ruling based on lack of sufficient evidence for conviction. (Para 11) |
ORDER
The petitioner is the accused No.1 in C.C. No. 172/2002, on the files of the Judicial First-Class Magistrate Court-I, Vadakara (for short, ‘the trial court’). He, along with the accused No.2, faced trial for the offence punishable under Section 379 read with Section 34 of the IPC . However, when the case was posted to question the accused under Section 313 of Cr. P.C., the accused No.2 absconded. The case against him was split up and refiled as C.C.No.913/2004.
2. The prosecution case in short is that on 11.11.2001 at about 9.45 pm, while the defacto complainant and his wife were returning to their house after seeing a movie through Vadakara-Villyapalli public road, both the accused came in an autorickshaw and one of them in furtherance of their common intention, snatched MO1 and MO2 series gold ornaments worn by the wife
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
