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2026 Supreme(Online)(Ker) 26027

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
BINOY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.A.C.DEVY, SMT.ANIMA.M, ADV.DEVIKA.K.R (AMICUS CURIAE)
For the Respondents: PUBLIC PROSECUTOR

Table of Content
1. background of conviction and procedural history. (Para 1 , 2)
2. prosecution case and investigation details. (Para 4 , 5)
3. credibility of key prosecution witnesses. (Para 6)
4. recovery flaw overcome by eyewitness evidence. (Para 7)
5. revision dismissed; sentence upheld. (Para 8)

O R D E R

Accused Nos.1 and 2 in C.C No.655/2004 on the files of the Judicial First Class Magistrate Court, Karunagappally, are the revision petitioners herein. They were convicted by the learned Magistrate for the commission of offence under Section 394 r/w Section 34 I.P.C and sentenced to simple imprisonment for three years, and fine Rs.1,000/- each. Though the petitioners challenged the aforesaid verdict in appeal, the learned Additional Sessions Judge-II, Kollam, who considered the above appeal, declined to interfere with the findings of the learned Magistrate. Accordingly, the appeal was dismissed, confirming the conviction recorded and sentence awarded by the Trial Court. Aggrieved by the above concurrent verdicts of the Courts below, the petitioners are here before this Court with this revision petition.

2. Since there was no representation from the part of the revision petitioner

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