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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
ABOOBACKER SIDHIQUE @ SUDHEER – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. prosecution evidence establishes theft conviction. (Para 1 , 2 , 3 , 5 , 6) |
| 2. defense arguments against conviction. (Para 8 , 9) |
| 3. judicial observation supports evidence credibility. (Para 10 , 11 , 12) |
| 4. court reasoning on sentencing affirmed. (Para 16 , 19) |
| 5. final ruling upholds previous judgments. (Para 20) |
O R D E R
Revision petitioner/accused challenges the judgment in Crl.A No.196/2013 of Sessions Court, Manjeri by which it confirmed the conviction and sentence passed by the Judicial First Class Magistrate Court II, Perinthalmanna in C.C.No.116/2010.
2. In short, the prosecution case is that on 24.11.2008 at about
2 am, accused committed lurking house trespass into the residence of PW1 and committed theft of gold ornaments weighing 2¾ sovereigns.
3. Pursuant to Ext.P1 first information statement laid by PW1, the crime was registered. After completing the investigation, PW8 filed final report against the accused for the offences punishable under Sections 457 and 380 IPC .
4. Accused abjured guilt and faced trial.
5. To substantiate the prosecution case, prosecution examined PW1 to PW8 and marked Exts.P1 to P5. MO1 gold ingot was identified.
6. After examination
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