P.J. RAGHU Vs. STATE

JUDGEMENT

(1.) The petitioner has challenged the judgment of conviction dtd. 26/12/2014 passed by the Addl. Civil Judge and JMFC, Somwarpet (henceforth referred to as 'Trial Court' for short) in C.C.No.673/2010 convicting him for the offences punishable under Ss. 454 and 380 of IPC and sentencing him to undergo rigorous imprisonment for a period of two years and pay a fine of Rs.5,000.00 for the offence punishable under Sec. 454 of IPC and two years rigorous imprisonment and fine of Rs.5,000.00 for the offence punishable under Sec. 380 of IPC. The petitioner has also challenged the judgment dtd. 17/12/2016 passed by the I Addl. District and Sessions Judge, Kodagu at Madikeri (henceforth referred to as 'Appellate Court' for short) in Crl.A.No.34/2015.

(2.) The petitioner was charged for the offences punishable under Ss. 380 and 454 of IPC. The petitioner claimed not guilty and prayed that he be tried. The prosecution examined PW.1 to PW.8 and marked Exs.P1 to P5 and MOs.1 to 7. The statement of the petitioner under Sec. 313 of Cr.P.C. was recorded, who denied the incriminating evidence against him. However, he did not lead any defense evidence.

(3.) Based on the oral and documentary evidence, the Trial Court held that the prosecution has proved the commission of the offences by the petitioner beyond doubt and hence, convicted him for the said offences and sentenced him to undergo rigorous imprisonment and to pay fine as stated above. An appeal preferred therefrom by the petitioner before the Appellate Court in Crl.A.No.34/2015 was dismissed.