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2017 Supreme(Online)(KER) 28143

HIGH COURT OF KERALA
P.UBAID, J
SEBASTIAN @ PRADEEP – Appellant
Versus
STATE OF KERALA AND ANOTHER – Respondent


Advocates:
SRI.V.P.MOHAMMED NIYAZ, SRI.K.RONALD JOSE, SRI.C.M.KAMMAPPU

ORDER

The revision petitioner herein challenges the conviction and sentence against him under Section 379 IPC in C.C.No.734 of 2002 of the Judicial First Class Magistrate Court-I, Alappuzha.

2. The prosecution case is that at about 11.30 a.m. on 21.07.2002 while the defacto complainant Pushpavally was walking along the public road at the Kolanjili junction near Mararikulam the accused came from behind, on a motorcycle, and snatched away a gold chain of 2 ¾ soverigns from the possession of the said Pushpavally. Though somebody chased the accused, he could not caught. On 24.07.2002, she made a complaint, and on 25.07.2002, accused was arrested by the police. On the basis of the statement given by him, the stolen ornament was recovered by the police under Section 27 of the Evidence Act. After investigation, the police submitted final report in Court.

3. The accused pleaded not guilty to the charge framed against him by the trial court. The prosecution examined seven witnesses in the trial court, and proved Exts.P1 to P8 documents. The MO1 and MO2 properties were also identified during trial. When examined under Section 313 Cr.P.C., the accused denied the incriminating circumstances, and

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