Kerala High Court
Rajan @ Mundan vs State Of Kerala on 15 February, 2024
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
CRL.REV.PET NO. 158 OF 2024
CRIME NO.53/2014 OF KALIYAR POLICE STATION, IDUKKI
AGAINST THE ORDER/JUDGMENT DATED 29.09.2018 IN CRA 44/2017 OF
DISTRICT COURT & SESSIONS COURT,THODUPUZHA
AGAINST THE ORDER/JUDGMENT DATED 28.03.2017 IN CC 646/2014 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I (FOREST OFFENCES),
THODUPUZHA
REVISION PETITIONER/APPELLANT/ACCUSED:
RAJAN @ MUNDAN,
AGED 50 YEARS,
S/O. PAULOSE, KAVUMPARAMBIL HOUSE,
ANAKKUZHI BHAGAM, PATTAYAKKUDI KARA,
VANNAPPURAM VILLAGE, THODUPUZHA TALUK,
IDUKKI DISTRICT, PIN - 685607
BY ADVS.
GEORGE MATHEW
PRAVEEN S.
SUNIL KUMAR A.G
MATHEW K.T.
GEORGE K.V.
STEPHY K REGI
MEDHA B.S.
RESPONDENT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE SUB INSPECTOR OF POLICE
KALIYAR POLICE STATION, THODUPUZHA, IDUKKI DISTRICT,
THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
PP SRI SANGEETHARAJ N R
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRL.REV.PET NO. 158 OF 2024
2
ORDER
The trial court found the accused guilty of the
offences punishable under Sections 435 and 447 of
IPC. But in appeal, he was acquitted for the offence
under Section 447 IPC. The conviction for the
offence under Section 435 IPC was confirmed and
sentenced to undergo rigorous imprisonment for two
years and fine amount of Rs.10,000/- for the said
offence, which was reduced by the first appellate
court as rigorous imprisonment for one year and an
amount of Rs.10,000/- by way of fine. It is against
that judgment of conviction and order of sentence,
the accused came up in revision.
There is no much dispute with respect to the
commission of alleged offence and the concurrent
judgment of conviction rendered by the trial court
and the first appellate court. Nothing was brought
to the notice of this court so as to interfere with
the judgment of conviction for the offence under
CRL.REV.PET NO. 158 OF 2024
Section 435 IPC. But as far as sentence is
concerned, it is submitted by the learned counsel for
the petitioner that they are prepared to pay an
amount of Rs.50,000/- by way of fine and sought
permission to reduce the substantive sentence for the
period of detention already undergone. He was
arrested on 19/01/2024 and he is under detention.
The suggestion made by the learned counsel for the
petitioner reflects a proper balance. As such, the
same is accepted. The sentence is modified to the
detention already undergone including the pre-trial
detention and a fine amount of Rs.50,000/-, in
default to undergo simple imprisonment for a period
of five months. The Criminal Revision Petition will
stand allowed in part accordingly by modifying the
sentence accordingly. On recovery of the fine amount,
the same shall be released to the de facto
complainant, PW1, under Section 357 (1)(b) Cr.P.C.
The revision petitioner/accused shall be released
forthwith, subject to the condition that he shall
CRL.REV.PET NO. 158 OF 2024
appear before the trial court to remit the fine
amount within a period of one month from today.
Sd/-
P.SOMARAJAN
JUDGE
msp
