Crl.A.No.44 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.06.2023

CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN

Crl.A.No.44 of 2020

Nandhakumar

.. Appellant

Vs.

State Rep., by

The Inspector of Police,

Tiruppur Central Police Station,

Tiruppur District.

(Crime No.89/2018)

..Respondent

PRAYER : Criminal Appeal has been filed under sections 374(2) of

Criminal Procedure Code to set aside the judgment passed in

S.C.No.39/2018 dated 27.05.2019 on the file of Mahalir Neethi

Mandram (Fast Track Mahila Court), Tirupur.

For Appellant

:

Mr.T.Muruganantham

For Respondents

:

Mr.R.Kishore Kumar

Government Advocate (Crl.Side)

JUDGMENT

This Criminal Appeal is filed by the accused who was found

guilty by the trial Court of the offences under Sections 454 and 392 r/w

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Crl.A.No.44 of 2020

397 IPC. The trial Court convicted and sentenced the accused to undergo

7 years Rigorous Imprisonment and to pay a fine of Rs.500/-, in default 6

months Rigorous Imprisonment for the offence under Section 454 IPC

and 10 years R.I., and to pay a fine of Rs.500/-, in default 6 months R.I.,

for the offence under Section 392 r/w 397 IPC.

2.

The case of the prosecution is that on 13.02.2018, the

accused trespassed into the house of the de facto complainant knowing

that the de facto complainant is alone and under threat, he removed 7 ½

sovereign gold chain from the de facto complainant. Further, he tied her

with a saree to the chair and searched the Almirah for any other valuable

things. Thereafter, he left the house with the 7½ sovereign gold chain

robbed from the de facto complainant. Soon after he left the house, the

de facto complainant was able to untie herself and raised alarm, then

went to the KVR Nagar Police station and gave a complaint narrating the

incident.

3.

The Sub Inspector of Police, who received the complaint,

registered the FIR and the investigation was taken up by the Inspector of

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Crl.A.No.44 of 2020

Police [PW.8]. From the CCTV footage collected, the Investigating

Officer was able to identify the accused, who was found near

Sandhaipettai Wine shop. The accused was secured and based on his

confession statement, 7 ½ sovereign gold chain and the green colour

T.shirt concealed near a graveyard were recovered under Mahazar.

Further, on the information given by the accused the knife used by the

accused to intimidate the de facto complainant was recovered near

electrical transformer on ABT road.

4.

On completion of investigation, final report was filed and

being an offence exclusively triable by the Sessions Judge, the learned

Magistrate committed the case to the District Sessions Court. On

committal, the Sessions Court has framed the charge against the accused

for the offence under Sections 454 and 392 r/w Section 392 IPC.

5.

To prove the charges, the prosecution has examined 8

witnesses, marked 8 exhibits and 5 Material Objects.

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Crl.A.No.44 of 2020

6.

The trial Court based on the evidence held that though the

investigation found to be perfunctory and lapsed, dehors of such lapse,

the prosecution is able to prove that the chain of the de facto complainant

/ PW.1 was removed by the accused, who trespassed into her house and

put her under threat. Based on the confession statement of the accused,

the material objects were recovered and the recovery is proved by the

Mahazar witnesses examined as PW.4 and PW.5. Hence held the accused

guilty and sentenced as stated above.

7.

Being aggrieved, the accused has preferred the appeal on the

ground that the trial Court erred in appreciation of evidence and having

found that the investigation is perfunctory and lapsed on the part of the

Investigating Officer not producing the CCTV footage with the required

certificate