RAJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Two idols claimed to be owned and possessed by the revision petitioner landed him in a criminal case which he has been fighting for the last thirteen years. He was convicted terming it as possession not accounted for. Challenging his conviction for the offence under Sec. 53A of the Kerala Police Act, 1960 ('the Act' for short), this revision petition has been preferred.

(2.) Prosecution alleged that on 18/11/2009, at around 4.30 p.m., while the revision petitioner was travelling in his car through a public road, the Sub Inspector of Mala Police Station, while on his routine vehicle inspection duty, found two idols of quinary metal kept beneath the back seat of his car. Asserting that he was unable to give a satisfactory explanation for the two idols, petitioner was alleged to have committed the offence under Sec. 53A of the Act of keeping in possession stolen property or property that could not be accounted for.

(3.) During the trial of the case, the prosecution examined PW1 to PW4 and marked Ext.P1 to Ext.P3 apart from the two idols which were marked as MO1 and MO2. On the basis of the evidence of PW2, the trial court came to the conclusion that the idols seized from the possession of the accused were 'incredible archaeological properties' belonging to the 18th century'. The learned Magistrate also held that the idols were rare and unique pieces, not usually used in houses for worship and that the accused failed to account for his possession. After finding that the idols are antique pieces and that the accused had not taken any steps to prove his ownership or right to them, the court found the accused guilty under Sec. 53A of the Act and sentenced him to undergo imprisonment till the rising of the court.