Kamagani Kiran vs The State Of A.P.
2023 Latest Caselaw 58 Tel

       THE HONOURABLE SRI JUSTICE K.SURENDER

        CRIMINAL REVISION CASE No.1217 OF 2011

JUDGMENT:

This revision is filed by the petitioner/Accused No.3

challenging the Judgment of the Principal Sessions Judge,

Warangal, in Crl.A.No.217 of 2010, dt.06.06.2011, confirming

the conviction imposed by the VI Additional Judicial Magistrate

of First Class, Warangal in CC. No.216 of 2010.

2. Briefly, the case of the prosecution is that on the basis of

confession of Accused No.2, vehicle was recovered from them.

The accused No.2 further confessed that this petitioner was

also complicit in committing theft of the said vehicle.

3. Apart from the confession of co-accused, there is no other

material to connect this petitioner to the theft. On the basis of

a confession, the petitioner cannot be mulcted with criminal

liability. In the entire evidence, nowhere, this petitioner is

identified as a person who committed theft, except on the basis

of confession of co-accused. Since there is no recovery at the

instance of this petitioner, the conviction under Section 379 of

the Indian Penal Code has to be set aside.

4. Accordingly, the Criminal Revision Case is allowed setting

aside the Judgment of the Principal Sessions Judge, Warangal,

in Crl.A.No.217 of 2010, dt.06.06.2011, confirming the

conviction imposed by the VI Additional Judicial Magistrate of

First Class, Warangal in CC. No.216 of 2010.

Miscellaneous applications pending, if any, shall stand

closed.

__________________ K.SURENDER, J Dt.:04.01.2023 tk

THE HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL REVISION CASE No. 1217 OF 2011

Dt. 04.01.2023

tk