[Cites 5, Cited by 0]
Kerala High Court
Ashraf vs The State Of Kerala on 19 December, 2025
2025:KER:97958
Crl.R.P No.1436/2006 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 19TH DAY OF DECEMBER 2025 / 28TH AGRAHAYANA,
1947
CRL.REV.PET NO. 1436 OF 2006
AGAINST THE JUDGMENT DATED 30.10.2004 IN Crl.A NO.2
OF 1999 OF I ADDITIONAL SESSION'S JUDGE, KOLLAM AND
JUDGMENT DATED 15.12.1998 IN CC NO.1330 OF 1997 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -III, PUNALUR
REVISION PETITIONER/APPELLANT/ACCUSED:
ASHRAF
AGED 34 YEARS
S/O.MALAKKASUEN RAWTHER, CHARUVILA PUTHEN VEEDU, NEAR
H.S.MANACHALLOOR MURI, PATHANAPURAM VILLAGE, KOLLAM
RESPONDENT/RESPONDENT/COMPLAINANT:
THE STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM
SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR
SMT.NANDITHA S (AMICUS CURIAE)
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 17.12.2025, THE COURT ON 19.12.2025 DELIVERED THE
FOLLOWING:
2025:KER:97958
Crl.R.P No.1436/2006 2
ORDER
The concurrent findings of the Judicial First Class Magistrate
Court-III, Punalur, and the Sessions Court, Kollam, convicting and
sentencing the petitioner for the commission of offences under
Sections 457, 461 and 380 I.P.C r/w Section 34 I.P.C is under
challenge in this revision filed by him, who is the third accused in
that case.
2. The prosecution case is that on 10.11.1996 at midnight,
the petitioner, along with the other four accused, committed
housebreaking by night into the house remaining under the
possession of PW1, and committed theft of valuable items like TV,
VCR, camera, grinder, hair dresser, dinner set, torch, extension
wire, etc. worth Rs.71,000/- after breaking open the almirah and
other closed containers in which those items were kept.
3. Before the Trial Court, the prosecution examined 21
witnesses as PW1 to PW21, and marked 18 documents as Exts.P1
to P18. Eleven material objects were identified as MO1 to MO11.
From the part of the accused, three witnesses were examined as
2025:KER:97958
Crl.R.P No.1436/2006 3
DW1 to DW3. After analysing the aforesaid evidence and hearing
both sides, the learned Magistrate arrived at the finding that
accused Nos.1 to 3, 5 and 6 were guilty of commission of offences
under Sections 457, 380 and 461 I.P.C. The 4th accused was found
not guilty and was acquitted under Section 248(1) Cr.P.C. Accused
Nos.1 to 3, 5 and 6 were sentenced to undergo rigorous
imprisonment for two years and fine Rs.500/- under Section 457
I.P.C and rigorous imprisonment for two years and fine Rs.500/-
under Section 380 I.P.C. No separate sentence was imposed for
the commission of offence under Section 461 I.P.C.
4. In the appeal, the learned Sessions Judge made a
re-appraisal of the entire evidence and concurred with the findings
of the learned magistrate. Accordingly, the appeal was dismissed,
confirming the conviction and sentence awarded by the Trial Court.
Aggrieved by the above concurrent findings of the courts below,
the petitioner is here with this revision.
5. Since there was no representation from the part of the
petitioner on consecutive posting dates, notice was issued to him.
Still, the petitioner did not turn up. In the above circumstances,
2025:KER:97958
Crl.R.P No.1436/2006 4
Adv.Ms.Nanditha.S was appointed as Amicus Curiae to assist the
Court.
6. Heard the learned Amicus Curiae representing the
revision petitioner and the learned Public Prosecutor representing
the State of Kerala.
7. The house breaking by night and the theft involved in
this case was committed in the midnight of 10.11.1996. While the
investigation was in progress at the instance of the Punalur Police,
the accused Nos.1 to 3 were arrested by the Sub Inspector of
Police, Ochira from a lodge at Ochira on 23.11.1996, and the VCR
which was one among the stolen items involved in this case, was
recovered from their possession. It is the aforesaid VCR which is
identified and marked as MO2. Later on, MO1 TV, MO3 and 4
cameras, MO5 hair dresser, MO6 torch and MO7 extension wire
were recovered by the police from the persons to whom those
items were sold by the accused including the petitioner herein.
The evidence adduced by the prosecution would convincingly
establish the above aspects about the recovery of the stolen items
at the instance of the petitioner and the accused Nos.1 and 2. In
addition to that, it could be seen from the prosecution records that
2025:KER:97958
Crl.R.P No.1436/2006 5
PW7, the driver of the taxi in which the accused travelled after the
commission of the crime, had testified before the Trial Court
pointing to the fact that they had carried the stolen TV and VCR in
his vehicle. There is absolutely no reason to interfere with the
concurrent findings on facts by the courts below by relying on the
aforesaid evidence. The impugned judgments of the courts below
do not suffer from any error, irregularity or impropriety. As regards
the punishment awarded, it is seen that the sentences of rigorous
imprisonment for two years and fine Rs.500/- imposed by the
courts below for the commission of offences under Section 457 and
380 I.P.C are perfectly reasonable and commensurate with the
gravity of the offence found to have been committed by the
petitioner and the other accused. Thus, there is absolutely no
scope for interference with the concurrent verdicts of the courts
below in exercise of the revisional powers of this Court.
8. In the result, the petition stands dismissed confirming the
conviction and sentence awarded by the courts below on the
petitioner.
9. This Court places on record its appreciation to the
assistance rendered by the learned Amicus Curiae
2025:KER:97958
Crl.R.P No.1436/2006 6
Adv.Ms.Nanditha.S, in presenting the case for and on behalf of the
revision petitioner.
The Registry shall transmit a copy of this order, along with
the case records, to the Trial Court forthwith for the enforcement of
the sentence.
(sd/-)
G. GIRISH, JUDGE
jsr
2025:KER:97958
Crl.R.P No.1436/2006 7
APPENDIX OF CRL.REV.PET NO. 1436 OF 2006
PETITIONER ANNEXURES
Annexure I TRUE PHOTOCOPY OF THE ORDER PASSED BY
JUDICIAL FIRST CLASS MAGISTRATE COURT - III,
PUNALUR DATED 15.12.1998
Annexure II TRUE PHOTOCOPY OF THE ORDER PASSED BY FIRST
ADDITIONAL SESSIONS JUDGES COURT KOLLAM DATED
30.10.2004
