ARAFATH @ PORICHAMEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The Appellant, 1st accused in Cr. No.358 of 2001 of Mangalapuram Police Station registered for commission of offences punishable under Sections 395, 382 and 458 of the Indian Penal Code, was the sole accused in slit up Sessions Case No. 776 of 2007 of the Additional Sessions Judge (Fast Track-1), Thiruvananthapuram. The trial court found the accused guilty, convicted and sentenced him to rigorous imprisonment for 4 years and fine of Rs.5,000/- each for the offences under sections 395, 382 and 458, of I.P.C. The prosecution allegations, based on which charges were framed against the appellant along with accused No's 4 to 6, followed by his trial and conviction are as under;

(2.) The trial court took note of the fact that the appellant is a habitual offender involved in numerous cases. The prosecution was unable to produce any evidence, of the appellant having entered the house of PWs 1 and 2 along with the other accused, and of having committed theft. But the trial Court accepted the contention of the prosecution that the appellant, being a person known to PWs 1 and 2 would have stood guard outside the house, while the others committed felony. The trial court surmised that the appellant was the mastermind behind the nefarious activity and that the other accused, who had entered the house, were given necessary feedback by the appellant. Based on the evidence of PW4, that she had received a telephone call from the accused, which number was identified as that of the mobile phone alleged to have been stolen from the house of PW 1 and 2, the trial Court came to the conclusion that none other than the accused could have made the phone call, since he alone had connection with P.W4. The trial Court found that the prosecution had produced as much evidence as was available and possible, which, according to the trial court, was sufficient to hold that the appellant was also a member of the team that had committed the offences.

(3.) Heard.