GOPI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the 2nd accused in SC No.646/2013 of the Assistant Sessions Court, Kottarakara for the offences punishable under Sections 380 and 413 read with Section 34 IPC.

(2.) The prosecution case is that the 1st accused gained entry into a room of the Hospital named 'Aroma Medical Centre' at Chengamanad Muri, Melila Village at 9 a.m. on 05.05.2011 and committed theft of a bag belonged to CW1, which contained a gold chain weighing 2= sovereigns and gold ear studs weighing = sovereign and sold the said gold ornaments to the petitioner. The case against the petitioner is that he purchased the said gold ornaments with the knowledge that the same were stolen properties and thereafter, he pledged the said gold ornaments at the financial institution of CW5 and obtained an amount of 35,500/- as gold loan. According to the investigating officer, the said ornaments were recovered under Section 27 of the Indian Evidence Act.

(3.) The petitioner contended that the case projected by the prosecution is totally false and during the period in question, the 1st accused was undergoing imprisonment at the Viyyur Central Prison. Records were produced to show that for the period from 16.12.2010 to 02.02.2012, the 1st accused was undergoing imprisonment at the Viyyur Central Prison. The incident had allegedly occurred on 05.05.2011. On that ground, the case against the petitioner was quashed by this Court vide order dated 22.11.2014 in Crl.M.C. No.5053/2014.