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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
HARILAL – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. factual basis of theft charge. (Para 1 , 2) |
| 2. evidence from witnesses and their relevance. (Para 3 , 4 , 6) |
| 3. debate on credibility of evidence and presumption. (Para 7 , 8 , 9 , 10) |
| 4. concerns about missing evidence and doubt. (Para 11 , 12) |
| 5. final observations on benefit of doubt. (Para 13 , 14) |
O R D E R
This Criminal Revision Petition has been filed by the revision petitioner under Section 397 r/w Section 401 of the Code of Criminal Procedure , challenging the conviction and sentence passed against him for the offence punishable under Section 379 of the Indian Penal Code by Judicial First Class Magistrate Court - III, Thiruvananthapuram as per the judgment dated 16.11.2015 in C.C No.253/2011, which was confirmed in appeal by the Additional Sessions Court- II, Thiruvananthapuram, as per judgment dated 17.10.2016 in Crl. Appeal No. 356/2015. The revision petitioner is the sole accused in the said case.
2. The prosecution case is that on 17.03.2011 at about 8:30 p.m., at the KSRTC Bus Stand, Thampanoor, while PW1 was boarding a bus, the accused committed theft of a purse containing Rs. 200/- from the back pocket of PW1, and thereby committed an offence punishab
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