THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.1217 OF 2011
JUDGMENT:
This revision is filed by the petitioner/Accused No.3 challenging the Judgment of the Principal Sessions Judge, Warangal, in Crl.A.No.217 of 2010, dt.06.06.2011, confirming the conviction imposed by the VI Additional Judicial Magistrate of First Class, Warangal in CC. No.216 of 2010.
2. Briefly, the case of the prosecution is that on the basis of confession of Accused No.2, vehicle was recovered from them. The accused No.2 further confessed that this petitioner was also complicit in committing theft of the said vehicle.
3. Apart from the confession of co-accused, there is no other material to connect this petitioner to the theft. On the basis of a confession, the petitioner cannot be mulcted with criminal liability. In the entire evidence, nowhere, this petitioner is identified as a person who committed theft, except on the basis of confession of co-accused. Since there is no recovery at the instance of this petitioner, the conviction under Section 379 of the Indian Penal Code has to be set aside. 2
4. Accordingly, the Criminal Revision Case is allowed setting aside the Judgment of the Principal Sessions Judge, Warangal, in Crl.A.No.217 of 2010, dt.06.06.2011, confirming the conviction imposed by the VI Additional Judicial Magistrate of First Class, Warangal in CC. No.216 of 2010.
Miscellaneous applications pending, if any, shall stand closed.
__________________ K.SURENDER, J Dt.:04.01.2023 tk 3 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No. 1217 OF 2011 Dt. 04.01.2023 tk