Kerala High Court
Sanalkumar vs State Of Kerala on 8 November, 2024
Crl.R.P.No.301 of 2018 1 2024:KER:83586
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
CRL.REV.PET NO. 301 OF 2018
AGAINST THE JUDGMENT IN CRL.A NO.2 OF 2016 OF III
ADDITIONAL SESSIONS COURT, THODUPUZHA ARISING OUT OF THE
JUDGMENT IN CC NO.466 OF 2012 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I, THODUPUZHA
REVISION PETITIONER/APPELLANT/ACCUSED NO.1:
SANALKUMAR, AGED 35 YEARS,
S/O.VIJAYAN,
PUTHENPURAYIL HOUSE, MURALIKAVALA BHAGOM,
SASTHAMPARA KARA, KARIKODE VILLAGE,
THODUPUZHA, IDUKKI DISTRICT.
BY ADV SRI.LATHEESH SEBASTIAN
RESPONDENT/RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
BY SRI.P.M.SHAMEER - PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
HEARING ON 16.10.2024, THE COURT ON 08.11.2024 DELIVERED THE
FOLLOWING:
Crl.R.P.No.301 of 2018 2 2024:KER:83586
M.B.SNEHALATHA, J
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Crl.R.P.No.301 of 2018
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Dated this the 8th November, 2024
ORDER
Revision Petitioner is the 1st accused in C.C.No.466/2012 of
Judicial First Class Magistrate Court I, Thodupuzha and he is the
appellant in Crl.A No.2/2016 of Sessions Court, Thodupuzha. In
this revision petition, he assails the judgment of conviction and
sentence against him for the offence punishable under Section
379 of Indian Penal Code (for short 'IPC').
2. Prosecution case is that in the intervening night of
10.7.2011 and 11.7.2011, A1 along with A2 and A3 in the final
report committed theft of a motorcycle bearing registration
No.KL-38-A-6673 owned by PW1 which was parked in the
courtyard of the residence of PW1 situated at Kolani. After
committing theft, accused fixed a forged number plate in it and
sold the said vehicle to PW2 with the help of A4 and received a
Crl.R.P.No.301 of 2018 3 2024:KER:83586
consideration of ₹20,000/-. Accused thereby committed the
offences punishable under Sections 379 and 201 r/w Section 34 of
IPC.
3. A1 alone faced trial in C.C.No.466/2012. After trial,
the learned Magistrate found A1 guilty of the offences punishable
under Sections 379 and 201 r/w Section 34 of IPC and he was
convicted and sentenced for the said offences. In appeal filed by
the accused as Crl.A No.2/2016, the learned Sessions Judge
confirmed the conviction under Section 379 IPC and acquitted him
for the offence under Section 201 of IPC. The sentence imposed
for the offence under Section 379 IPC was modified in appeal and
the accused was sentenced to suffer rigorous imprisonment for six
months and to pay a fine of ₹20,000/-. In default of payment of
fine, to undergo rigorous imprisonment for two months.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
5. Are there any grounds to interfere with the impugned
judgment of conviction and sentence against the revision
petitioner/accused is the only point for consideration in this
revision.
Crl.R.P.No.301 of 2018 4 2024:KER:83586
6. To substantiate the charge levelled against the
accused, the prosecution examined PWs 1 to 11 and marked
Exts.P1 to P8. No defence evidence was adduced by the accused.
7. PW1, who is the defacto complainant in his evidence
testified that the motorcycle bearing registration No.KL-38-
A/6673 which he had parked in his residential courtyard on
10.7.2011 was found missing in the morning of 11.7.2011 and
accordingly, he lodged a complaint to the police. Ext.P1 is the
first information statement. His further version is that after six
months of the incident, the police informed him that his bike was
recovered from Kodakara.
8. PW8 who was the then Sub Inspector of Police at
Kodakara Police Station testified that on 9.1.2012 while he along
with his team of police officers were on law and order duty at
National Highway, he got discreet information that two persons
were coming through the Highway from Chalakkudy area on a
stolen bike. Pursuant to the said information, the police party
intercepted the motorcycle ridden by A1 Sanilkumar with A2
Ratheesh as a pillion rider. The registration number exhibited in the
said motorcycle was KL-38B/687. A1 and A2 failed to furnis h the
Crl.R.P.No.301 of 2018 5 2024:KER:83586
documents relating to the said vehicle to the police officials.
Accordingly, when the police party contacted the RTO,
Irinjalakkuda, it was revealed that the registration number
exhibited in the said motorbike was a fake one. PW8 the Sub
Inspector of Police arrested both the accused and took the said
vehicle into custody and registered Ext.P4 FIR. Ext.P5 is the
arrest memo. PW8 has further testified that upon interrogation
of A1, he made a revelation regarding the theft of another
motorcycle from Thodupuzha. Ext.P3(a) is the confession
statement given by the accused. Pursuant to Ext.P3(a)
confession statement, PW8 along with A1 reached at Neychira on
9.1.2012; that A1 pointed out PW2 Sujesh @ Kannan to whom
the stolen vehicle was transferred. The said Sujesh @ Kannan
produced the motorcycle with a number plate showing registration
No.KL.45D-2603 before the police. PW8 took into custody of the
said vehicle as per Ext.P3 seizure mahazar. PW8 has further
testified that since the offence of theft was committed within the
jurisdiction of Thodupuzha Police Station, Ext.P4 FIR was
forwarded to the Thodupuzha Police Station for further
investigation.
Crl.R.P.No.301 of 2018 6 2024:KER:83586
9. The version of PW8 receive corroboration from the
version given by PW6 and 7 who were the Civil Police Officers
working at Kodakara Police Station. They testified that on
9.1.2012 at 11.30 am. while they were on law and order duty
along with the Sub Inspector of Police, Kodakara namely PW8,
upon receiving secret information that two persons were
proceeding on a stolen bike from Chalakkudy area, the police
party intercepted the motorcycle bearing registration No.KL-38B-
687 ridden by A1 with A2 as pillion rider. PWs6 and 7 also
testified that upon enquiry made to RTO, Irinjalakkuda, it was
revealed that the registration number exhibited on the said
vehicle was a fake one and accordingly PW8 arrested both the
accused and took the vehicle into custody.
10. The version given by PW1 that his motorbike bearing
registration No.KL-38-A/6673 parked in his residential premises
was stolen in the intervening night of 10.7.2011 and 11.7.2011
remains unchallenged and uncontraverted.
11. The versions of PWs 1, 2, 3 to 8 remain unchallenged
and uncontroverted and their versions are mutually corroborative.
The evidence on record would show that the motorcycle bearing
Crl.R.P.No.301 of 2018 7 2024:KER:83586
registration No.KL-38A-6673 which had been kept in the
courtyard of the residence of PW1 was stolen in the intervening
night of 10.7.2011 and 11.7.2011.
12. It has come out in evidence that the stolen vehicle
was subsequently recovered pursuant to Ext.P3(a) disclosure
statement of A1. In Ext.P1 first information statement laid by
PW1 he had furnished the engine number and chassis number of
the stolen vehicle. It exactly tallies with the chassis number and
engine number of the vehicle seized from the possession of PW2
Sujesh @ Kannan by virtue of Ext.P3 seizure mahazar prepared
by PW8.
13. PW4, the father of PW1 had identified the stolen bike
at the Kodakara Police Station.
14. The evidence on record would show that the
prosecution has succeeded in establishing the offence under
Section 379 IPC against A1 beyond any reasonable doubt as
rightly found by the learned Magistrate and confirmed by the
learned Sessions Judge. The sentence awarded is also not harsh
or excessive.
15. Hence, this Court finds no reason to interfere with
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the conviction and sentence against A1. Accordingly, Crl.Revision
Petition stands dismissed.
The trial court shall take steps to execute the sentence.
Registry shall transmit the records to the trial court
forthwith.
Sd/-
M.B.SNEHALATHA
JUDGE
ab
