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2025 Supreme(Online)(MAD) 15885
HIGH COURT OF MADRAS
K.K.RAMAKRISHNAN, J
Meenakshi – Appellant
Versus
The Sub Inspector of Police – Respondent
['Crl.R.C.(MD).No.508 of 2024', 'Crl.R.C.(MD).No.671 of 2024']
Mr.S.Sekar for Mr.P.Manimaran, Mr.B.Thanga Aravindh, Government Advocate(Crl.Side), Mr.R.Ilayaraja
The court upheld the conviction for theft based on credible evidence and confessions, confirming the maximum sentence due to the accused's habitual criminal behavior.
Headnote:(A) Indian Penal Code, 1860 - Sections 379 and 379 r/w 109 - Criminal revision against conviction and sentence - Accused convicted for theft of Rs.30,000/- from a passenger, with evidence of modus operandi involving multiple offenders - Conviction upheld by appellate court - Maximum sentence of three years rigorous imprisonment and fine imposed. (Paras 2, 6, 18)
(B) Evidence Act, 1872 - Section 27 - Admissibility of confessions leading to recovery - Confession of A1 led to the discovery of stolen money, establishing involvement of A2 and A3 - Evidence corroborated by witnesses despite one turning hostile. (Paras 12, 15)
(C) Criminal Procedure Code, 1973 - Section 313 - Accused questioned on incriminating evidence - Denial of charges does not negate the prosecution's case when supported by credible evidence. (Paras 5, 17)
Facts of the case:
The accused were involved in a theft at a bus stand, stealing money from a passenger. They were arrested based on their suspicious behavior and confessions, leading to the recovery of stolen money.
Findings of Court:
The prosecution proved the case beyond reasonable doubt, establishing the accused's involvement and previous convictions for similar offenses.
Issues: Whether the conviction and sentence imposed were legally correct.
Ratio Decidendi: The court affirmed that the prosecution's evidence, including confessions and witness testimonies, sufficiently established the accused's guilt and the appropriateness of the maximum sentence.
Result: All revisions dismissed.
COMMON ORDER
Since these criminal revision cases are arising out of the same crime, these cases are taken up for hearing together and disposed of by way of this common order.
2. Accused Nos.1 and 2 in C.C.No. 55 of 2023 on the file of the learned Judicial Magistrate No.I, Kumbakonam, Thanjavur District have filed this criminal revision challenging the conviction and sentence passed against them. Which was also confirmed in Crl.A.No. 199 of 2023 by the learned Principal Sessions Judge, Thanjavur and the details are as follows :-
| SL. No. | Crl. RC. (MD). No. | Rank of the accused and Name | C.C. No. | Crl.A. No. | Charges proved under sections | Punishment (Imprisonment and Fine) |
| 1 | 508/2024 | A-1 Meenakshi | 55 /2023 | 199 /2023 | U/s.379 IPC | Two years rigorous imprisonment and fine of Rs.10,000/- in default to undergo further simple imprisonment for one month. |
| 2 | 671/2024 | A-2 Reka | ||||
| U/s.379 r/w 109 of IPC | Rigorous imprisonment for one year and fine of Rs.10,000/- in default to undergo further simple imprisonment for one month. |
3. Case of the prosecution:-
On 18.12.2022 at about 10.30 a.m., PW1 came to Kumbakonam from Nachiyarkovil to purchase jewels. At Kumbakonam bus stand, when PW1 and his relative alighted from the bus, few ladies also got down from the bus after hitting them and before they could realise the same, they found that Rs.30,000/- was missing. Immediately she lodged the complaint under Ex.P1 to the respondent police. PW5 on receipt of the complaint registered the case on the same day in Crime No. 997 of 2022 under section 379 of I.P.C. against unknown person. After registration of FIR under Ex.P7, PW5 went to the occurrence place and prepared observation mahazar, Ex.P8 and rough sketch Ex.P9 in the presence of PW2 and PW3 at 08.40 p.m., on 17.12.2022. On 18.12.2022 PW5 and other officers were keeping tab on the movement of the suspects relating to the above occurrence in the Kumbakonam New bus stand and at that time they found strange movement of the petitioners and they disclosed fictitious residential address and thereafter the admitted that had come from Andhra Pradesh. Subsequently, they gave confession and the same was recorded and thereafter they were arrested and remanded to judicial custody. Subsequently in their confession they disclosed their further involvement in similar thefts in the bus with the same modus operendi that A1 stole the gold articles and money from the passengers and she would transfer to A2 and A2 would pass on to A3 and then they would divide the proceeds. They also admitted their involvement in the case on the file of Kumbakonam police station in similar occurrence in Crime Nos. 997 of 2022 and 999 of 2022. In the evening they were asked to come to the police station and in the police station, A1 and A2 admitted that they committed theft of amount and the amount of Rs.20,300/- was recovered in the presence of PW5. The remand report also shows the said crime numbers.
4. The Learned Judicial Magistrate granted police custody and during their custody A1 gave confession. On the basis of the confession, the involvement of A2 and A3 were found out. The admitted portion of the confession was Ex.P.10. Further, recovery of Rs.30,000/- was effected in the residence of A1's relative situated at Chinna Salem under the recovery mahazar Ex.P.11. The said recovery was made by PW6 in the presence of PW4 and PW8. The recovery mahazars was marked as Ex.P13 and Ex.P14. Thereafter, the recovered money was identified by PW1 and investigation was completed by the investigating officer PW6 and he filed the final report on 16.02.2023. The Learned Judicial Magistrate No. I, Kumbakonam took it on file in C.C.No. 57 of 2023 under section 379 of I.P.C. against A1 and 379 r/w. 109 of I.P.C. against A2 and A3. Thereafter summoned the accused and served the copies under section 207 of Cr.P.C . to them and framed the necessary charges and questioned them and they pleaded not guilty and they stood for trial.
5. The prosecution to prove the case examined PW1 to P
