IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
ABOOBACKER SIDHIQUE @ SUDHEER – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. evidence corroborating the charge of theft. (Para 2 , 4 , 6 , 16) |
| 2. conviction upheld after trial. (Para 5 , 18 , 19) |
| 3. court denies request for concurrent sentencing. (Para 20) |
O R D E R
Revision petitioner/accused challenges the judgment in Crl.A No.304/2012 of Sessions Court, Manjeri, by which it confirmed the conviction and judgment passed by the Judicial First Class Magistrate Court I, Perinthalmanna in C.C.No.27/2009.
2. The prosecution case is that on 28.5.2008 at about 2 am, accused committed house breaking by night into the house bearing Door No.3/68 belonging to PW2 and committed theft of gold ornaments weighing 15.25 sovereigns from there. Pursuant to Ext.P1 first information statement laid by PW1, the crime was registered. After completion of the investigation, PW10 the Inspector of Police, Perinthalmanna filed final report against the accused for the offences punishable under Sections 457 and 380 IPC .
3. Accused pleaded not guilty to the charge and claimed to be tried. Before the trial court prosecution examined PWs 1 to PW10 and marked Exts.P1 to P7 and MO1 and MO2. No defence evidence was adduced by the accused.
4. After trial, on an appreciation of
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