SURENDRA KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in C.C.No.879/2014 on the files of the Chief Judicial Magistrate, Kasaragod, who is aggrieved by the conviction and sentence imposed on 6/9/2019 and its modification by the appellate court as per the judgment dtd. 21/11/2023 in Crl.Appeal No.197/2019 on the files of Additional Sessions Court-III, Kasaragod, has filed this Criminal Revision Petition under Ss. 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short).

(2.) Heard the learned counsel for the revision petitioner/accused and the learned Public Prosecutor in detail. Perused the verdicts under challenge.

(3.) The prosecution case is that the accused herein committed offences punishable under Ss. 406, 465, 468, 471 and 420 of the Indian Penal Code ('IPC' for short) and the precise allegation is that the accused, who is none other than the husband of the second witness, obtained 50 sovereigns of gold ornaments gifted to her by her mother during marriage with promise to keep the same in a bank locker. In violation of the entrustment, he had pledged the same in Muthoot Fincorp, Kasaragod, without the consent of the second witness and thereby committed the offence of breach of trust. The other allegation is that he also created forged document for the said purpose and used the same as genuine and thereby cheated the second witness.