AFSAL Vs. STATE

JUDGEMENT

(1.) The revision petitioner is directed against the judgment in Crl.A No.596/2008 of the Court of the Additional Sessions Judge (Fast Track - I), Thrissur, (Appellate Court) confirming the judgment in CC No.251/2004 of the Court of the Judicial First Class Magistrate-II, Thrissur, (Trial Court) finding the revision petitioner guilty and convicting him for the offences under Secs.393 and 394 of the Indian Penal Code (for short 'IPC') and sentencing him to undergo rigorous imprisonment for a period of two years for both the offences and to pay a fine of Rs.1,000.00 and in default to undergo imprisonment for a period of one month. The revision petitioner was the sole accused in the case.

(2.) The prosecution case is that, on 11/9/2003, at about 8.30 p.m, while PW1 was walking along the overbridge at Punkunnam, the accused came from behind and fisted on her chest and attempted to snatch her gold chain weighing 4.5 sovereigns, and thus the accused committed the above offences. The accused entered appearance before the Trial Court and denied the substance of accusation read over to him. In the trial, the prosecution examined PWs 1 to 9 and marked Exts.P1 to P3 in evidence. The accused denied the incriminating circumstances appearing against him in the questioning under Sec.313 of the Code of Criminal Procedure (in short 'Code'). The accused did not let in any defence evidence.

(3.) The Trial Court, after analysing the materials on record, found the accused guilty and convicted him for the above offences and sentenced him to undergo imprisonment as stated above.