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Kerala High Court
Basheer S/O Meeramodi Rawther vs State Of Kerala on 30 January, 2026
2026:KER:7149
Crl.R.P No.2304/2007 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947
CRL.REV.PET NO. 2304 OF 2007
THE JUDGMENT OF CONVICTION AND SENTENCE IN CC NO.1254 OF
1998 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I MUVATTUPUZHA
DATED 21.04.2007 WHICH WAS CONFIRMED AS PER JUDGMENT DATED
07.07.2005 IN Crl.A NO.587 OF 2005 OF ADDITIONAL SESSIONS
COURT (ADHOC)-II, ERNAKULAM
REVISION PETITIONER/APPELLANT/ACCUSED:
BASHEER S/O MEERAMODI RAWTHER
PADIKKALETHUNDIL VEEDU, PANDALAM KARA,,
THONNALLOOR VILLAGE, PATHANAMTHITTA TALUK.
BY ADV. SRI.K.A. JALEEL
SRI.ADV SHRI.C.ANILKUMAR (KALLESSERIL)
RESPONDENT/RESPONDENT-COMPLAINANT:
STATE OF KERALA
(REP. BY THE SUB INSPECTOR OF POLICE,, KOOTHATTUKULAM -
CRIME NO.94/87 OF KOOTHATTUKULAM, POLICE STATION)
REPRESENTED BY THE STATE, PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
SRI SUDHEER.G, PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD
ON 22.01.2026, THE COURT ON 30.01.2026 DELIVERED THE
FOLLOWING:
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Crl.R.P No.2304/2007 2
ORDER
The judgment rendered by the Additional Sessions Court
(Adhoc)-II, Ernakulam in Crl.A No.587/2005 confirming the conviction
and modifying the sentence awarded by the Judicial First Class
Magistrate Court, Muvattupuzha in C.C No.1254/1998 is under challenge
in this revision.
2. The case relates to the commission of offence under
Sections 465, 471 and 420 I.P.C by the petitioner herein. The allegation
against him is that, while he was working as Veterinary Surgeon in the
Government Veterinary Hospital, Mampad in Malappuram District, he
forged an order to appear that he resigned from his post and that his
resignation was accepted by the Director of Animal Husbandry
Department with his charge handed over to another Veterinary Surgeon.
The petitioner is also alleged to have forged the report of transfer of
charge to enable him to join as Production Manager of Meat Products of
India Limited, Koothattukulam. Making use of the above forged
documents, the petitioner took charge of the above post and worked
2026:KER:7149
there from 10.04.1987 to 20.04.1987. Thus, the petitioner is alleged to
have committed the aforesaid offences.
3. In the trial before the learned Magistrate, 18 witnesses were
examined as PW1 to PW18 and 17 documents were brought on record
as Exts.P1 to P17. After evaluating the aforesaid evidence, the learned
Magistrate came to the finding that the petitioner committed the
offences under Sections 465, 471 and 420 I.P.C, and accordingly
convicted him thereunder. He was sentenced to undergo rigorous
imprisonment for three years under Section 420 I.P.C, and rigorous
imprisonment for one year each under Sections 465 and 471 I.P.C.
Though the petitioner challenged the aforesaid verdict of the learned
Magistrate before the Sessions Court, Ernakulam, the learned Additional
Sessions Judge (Adhoc)-II, Ernakulam who considered the appeal,
declined to interfere with the finding of conviction of the learned
Magistrate. However, the Appellate Court reduced the sentence of
imprisonment under Section 420 I.P.C, to simple imprisonment for one
year, and the sentence of imprisonment awarded under Sections 465
and 471 I.P.C, to simple imprisonment for six months each, with the
further direction that the aforesaid sentences shall run concurrently. It
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Crl.R.P No.2304/2007 4
is aggrieved by the above verdict of the Appellate Court, that the
petitioner is here before this Court with this revision.
5. Heard the learned counsel for the revision petitioner, and
the learned Public Prosecutor representing the State of Kerala.
6. The prosecution relied on the evidence of the official
witnesses of the Veterinary and Animal Husbandry Department and that
of the Meat Products of India Limited towards establishing the charge of
forgery and cheating attributed against the petitioner. That apart, the
forged appointment order, joining report and the report of transfer of
charge made use of by the petitioner for getting posted as Production
Manager in the Meat Products of India Limited, Koothattukulam, were
marked as Exts.P2 to P4 respectively. The Managing Director,
Administration Manager and Supervisor of Meat Products of India
Limited, Koothattukulam tendered evidence before the Trial Court by
referring to Exts.P2 to P4 about the forgery and cheating committed by
the petitioner. The evidence in the above regard stood corroborated by
the evidence of PW5 to PW9, who were the officers of the Veterinary
Hospital, Mampad and the officers of the Animal Husbandry
Department, Malappuram. The Senior Accountant and Sub Treasury
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Crl.R.P No.2304/2007 5
Officer of Sub Treasury, Nilambur tendered evidence as PW10 and PW11
about the salary and other emoluments drawn by the petitioner while he
was working as the Veterinary Surgeon of Mampad. In addition to the
above evidence, the Administrative Assistant of Meat Products of India
Limited, Koothattukulam tendered evidence as PW15, and the Director
of Animal Husbandry Department tendered evidence as PW16, in
support of the prosecution case. The Animal Husbandry Officer of
Malappuram District had also tendered evidence as PW18, in support of
the payments made to the petitioner while he was working as Veterinary
Surgeon at Mampad. The aforesaid evidence adduced by the
prosecution through the official witnesses convincingly established the
charge against the petitioner. The courts below had rightly relied on the
above evidence adduced by the prosecution, to arrive at the finding that
the petitioner committed the offences punishable under Sections 465,
471 and 420 I.P.C.
7. During the course of arguments, the learned counsel for the
revision petitioner pointed out that the petitioner is having mental
disorder, and that was the reason why he happened to commit the
aforesaid offences. Thus, it is submitted that the sentence of
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Crl.R.P No.2304/2007 6
imprisonment awarded by the Appellate Court is likely to aggravate his
mental illness, and hence the prison term of the penalty has to be
excluded. I am not inclined to accept the above defence which the
petitioner has raised for the first time before this Court. For establishing
a defence under the general exception of insanity envisaged under
Section 84 I.P.C, the offender has to show that he was incapable of
knowing the nature and consequences of the criminal act due to the
mental insanity suffered by him at that time. As far as the present case
is concerned, there is absolutely nothing on record to show that the
petitioner resorted to forgery and cheating, without knowing the nature
and consequences of the aforesaid acts due to his mental ailment. That
being so, the contention raised by the petitioner seeking a modification
of the sentence by excluding the prison term, cannot be entertained in
this revision. It is seen from the judgment of the Appellate Court that
the maximum tenure of simple imprisonment which the petitioner has to
undergo in connection with the offences committed in this case is only
one year. Having regard to the nature and gravity of the offence
committed by the petitioner, the aforesaid sentence awarded by the
Appellate Court is perfectly reasonable and commensurate with the
2026:KER:7149
Crl.R.P No.2304/2007 7
seriousness of the offence committed by him. Therefore, I am of the
view that there is absolutely no reason to interfere with the judgment
rendered by the Appellate Court confirming the conviction of the
petitioner and modifying the sentence. Needless to say, the revision is
devoid of merits.
In the result, the petition is hereby dismissed.
(Sd/-)
G. GIRISH, JUDGE
jsr
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Crl.R.P No.2304/2007 8
APPENDIX OF CRL.REV.PET NO. 2304 OF 2007
PETITIONER ANNEXURES
Annexure A1 COPY OF THE CERTIFICATE DATED 23/08/2006
ISSUED BY DR. NICHOLAS CHRISTY,
NEURO-PSYCHIATRIST, KOLLAM
Annexure A2 COPY OF THE DISABILITY CERTIFICATE DATED
08/12/25 ISSUED FROM DISTRICT HOSPITAL,
ERNAKULAM
