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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
SUNIL, S/O.KUTTY, VIKRAMCHERIL, NATTIKA, CHAVAKKAD – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. facts surrounding the conviction for theft. (Para 1 , 2 , 3) |
| 2. argued insufficient evidence and reliance on circumstantial evidence. (Para 4 , 6 , 7) |
| 3. final ruling and modification of conviction. (Para 5) |
O R D E R
The accused in C.C No.577/1999 on the files of the Judicial First Class Magistrate Court, Kodungalloor has filed this revision petition, challenging his conviction and sentence for the offences under Sections 457 , 380 and 461 I.P.C by the said Court, which were upheld in Crl.A No.522/2003 of the Additional Sessions Court (Fast Track Court No.II-Adhoc) Adhoc, Thrissur.
2. The prosecution case is that the petitioner committed theft of 25 sovereigns of gold ornaments and a ladies wrist watch which belonged to PW1, in the midnight of 03.09.1998 by opening the window of the bedroom of the residence of PW1, and unfastening a suitcase kept in that bedroom by extending his hands through that window, and manipulating the lock of that suitcase.
3. Before the Trial Court, the prosecution examined 12 witnesses as PW1 to PW12, and brought on record 7 documents as Exts.P1 to P7. The stolen items recovered at the instance of the accused were marked as MO1 to MO3, MO
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