SHARAFUDHEEN Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The revision petitioner herein brought this revision, challenging the conviction and sentence against him under Sections 457 and 380 IPC, while undergoing the said sentence in the Central Prison, Kannur. Delay in filing the revision was condoned by the Court and the revision petitioner was defended by a counsel appointed by the State Brief.

(2.) The prosecution case against him is that at about 1.30 am on 6.3.2010 he trespassed into the Aggrasala of Vellarkulangara Bhagavathy Temple at Kuryankadavu by braking open the door of the temple and committed theft of some articles and an amount of 500/-. He was arrested in suspicious circumstances by the police, and on such arrest a crime was also registered under Section 41 of the Code of Criminal Procedure. When interrogated in custody in the said crime, the accused gave some statement which lead to the recovery of properties involved in this crime, registered in the Payyannur Police Station, on the complaint given by a person-in-charge of the temple. The properties recovered by the police at the instance of the revision petitioner were later identified by the manager of the temple as the properties stolen from the temple. Accordingly, the police completed the investigation and submitted final report in the court.

(3.) The revision petitioner pleaded not guilty to the charge framed against him by the trial court (Judicial First Class Magistrate Court, Payyannur) under Sections 457 and 380 IPC. The prosecution examined ten witnesses in the trial court and marked Exts. P1 to P7. The properties identified during trial were marked as MO1 to MO3. These are some vessels stolen from the temple. The accused did not adduce any evidence in defence during trial.