KUNJUMON @ UNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) The question before us is whether, in the absence of a Test Identification Parade (TIP for short), the evidence of a child witness should have been accepted for convicting the appellant. In our opinion, on the facts of this case both the Trial Court and the High Court were right in convicting the appellant for offences punishable under Section 397 (robbery or dacoity, with attempt to cause death or grievous hurt) and Section 302 (punishment for murder) of the Indian Penal Code. However, no case has been made out for convicting the appellant for an offence punishable Section 449 (house trespass in order to commit offence punishable with death) of the IPC.

(2.) On 20th October 1997, the appellant and Jose Joseph came to the residential premises of PW-1 Jose son of Anthony at about 4.30 p.m. with the common intention of committing robbery. While Jose Joseph stood guard near the house, the appellant made an entry and came upon PW-2 Lidiya daughter of PW-1 Jose son of Anthony, who was then aged about 11 years. Thereupon he caught hold of her neck, threatened to kill her and then robbed her of her gold chain and two gold ear studs.

(3.) Thereafter, he entered one bed room in the house and attempted to rob Lidiya's grandmother Annamma, aged about 90 years of her ornaments. When Annamma raised an alarm the appellant pulled her down from the cot on which she was lying and beat her on the head with a wall clock. He then robbed her of her gold chain weighing about 5.500 grams by breaking it from her neck and also took two imitation bangles from a bag kept inside the almirah in the room. The appellant then went away from the house.