Mohd. Akbar vs The State Of A.P.
2022 Latest Caselaw 4260 Tel

           HON'BLE SRI JUSTICE K.SURENDER

     CRIMINAL APPEAL NoS.94, 665 & 1457 OF 2009
COMMON JUDGMENT:
1.

Since all the appeals arising out of S.C.No.38 of 2007,

dated 10.09.2008, they are being heard together and disposed

off by way of this Common Judgment.

2. Criminal Appeal No.94 of 2009 is preferred by A1,

Criminal Appeal No.665 of 2009 is preferred by A5 and

Criminal Appeal No.1457 of 2009 is preferred by A3.

3. It is represented by the learned Public Prosecutor that A5

died, as such, Criminal Appeal No.665 of 2009 stands abated.

4. The case of the prosecution is that the appellants and

two other juveniles stopped P.W.1 near his house and in all

five persons took the purse from his shirt forcibly and also

took out the wrist watch. Immediately, P.W.1 went to the

police station and lodged Ex.P1 complaint after calling 108.

Rs.100/- was recovered from A3 and watch was recovered

from A1.

5. The defence of the appellants is that they have been

falsely implicated at the instance of police and P.W.1/victim

identified the appellants at the instance of police.

6. Learned Public Prosecutor submits that P.W.1 has

identified these appellants and there is no reason to disbelieve

the evidence, for which reason, the conviction by the learned

Sessions Court is proper.

7. P.W.1 stated that while he was traveling on his vehicle,

he was stopped by one person, who beat him while resisting,

the other four persons came there and the purse containing

Rs.1,000/- and his wrist watch was forcibly taken from him.

When P.W.1 was assaulted and his watch and purse were

forcibly taken and that P.W.1 showed his resistance, it cannot

be said that P.W.1 has falsely identified the appellants.

8. Learned Public Prosecutor, on instructions, submits that

there are no other cases pending against these appellants. The

incident occurred in the year 2006 and 16 years have lapsed.

There are no injuries that have been inflicted on P.W.1. In the

circumstances, this Court deems it proper to reduce the

sentence of imprisonment to the period already undergone by

the appellants. Accordingly, the impugned judgment of the

trial Court is modified.

9. Accordingly, the Criminal Appeals are disposed off.

__________________ K.SURENDER, J Date: 24.08.2022 kvs

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.94,665 & 1457 OF 2009

Date: 24.08.2022.

kvs