Aboobacker Siddique @ Siddique vs State Of Kerala

Kerala High Court

Aboobacker Siddique @ Siddique vs State Of Kerala on 22 May, 2024

Author: P.Somarajan

Bench: P.Somarajan

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
                     CRL.REV.PET NO. 523 OF 2024
  CRIME NO.117/2008 OF PERINTHALMANNA POLICE STATION, MALAPPURAM
  AGAINST THE JUDGMENT DATED 20.07.2012 IN CRA NO.108 OF 2010 OF
           ADDITIONAL SESSIONS COURT (ADHOC) III, MANJERI
  AGAINST THE JUDGMENT DATED 26.11.2009 IN CC NO.197 OF 2008 OF
        JUDICIAL MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA
REVISION PETITIONER/APPELLANT/ACCUSED NO.1:

           ABOOBACKER SIDDIQUE @ SIDDIQUE,
           AGED 43 YEARS,
           S/O.MOIDEEN, PANDARA VALAPPIL HOUSE, MANOOR,
           VATTAMKULAM, PONNANI, MALAPPURAM DISTRICT, PIN - 679551
           BY ADV K.RAKESH


RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT:

    1      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682031
    2      THE STATION HOUSE OFFICER
           PERINTHALMANNA POLICE STATION,
           MALAPPURAM DISTRICT, PIN - 679322


           SR PP SRI C N PRABHAKARAN


     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.REV.PET NO. 523 OF 2024

                                     2


                                 ORDER

It is in connection with the alleged theft of three sacks of pepper and one sack of aracanut, the accused was arrested and prosecuted for the offence under Sections 457 and 380 r/w 34 of IPC. Both the trial court and the first appellate court found that the accused guilty of the offences punishable under Section 457 and 380 r/w 34 of IPC and sentenced to undergo rigorous imprisonment for two years each for the abovesaid offences and a fine amount of Rs.1000/- each with default sentence. There is no sufficient reason to interfere with the concurrent finding of conviction rendered by both the courts below as against the accused for the offence punishable under Sections 457 and 380 r/w 34 of IPC. No bad antecedents reported except a single case, which was registered on the allegation of offence punishable under Section 401 IPC. No bad antecedents of similar nature is reported. The substantive sentence for the offence under Sections 457 and 380 of IPC will stand CRL.REV.PET NO. 523 OF 2024 3 reduced to sentence of simple imprisonment for one month each and a fine amount of Rs.10,000/- each, in default to undergo simple imprisonment for four months each. The substantive sentence shall run concurrently. The accused is also entitled to set off of the period of detention already undergone.

The Criminal Revision Petition will stand allowed in part accordingly by modifying the sentence as above.

Sd/-

P.SOMARAJAN JUDGE msp