MUJEEB Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner (A1), along with his co-accused Rasheed (A2) and Ubaid (A3), were tried for the offences under Sections 379, 414 and 471 read with Section 34 of Indian Penal Code. After trial, whereas the petitioner has been held guilty, the other accused were acquitted. The petitioner has been sentenced to undergo rigorous imprisonment for three years under Section 379 and rigorous imprisonment for six months each under Sections 414 and 471 of Indian Penal Code. The sentences were ordered to run concurrently, as would be clear from the order dated 28th August, 1995 passed by the Judicial Magistrate of the First Class- I, Ernakulam. The appeal carried against the order aforesaid was dismissed by the II Additional Sessions Judge, Ernakulam vide order dated 12th October, 1998. It is against these two orders that the present revision has been filed.

(2.) The allegation against the petitioner is that he had stolen a Yamaha Motor Cycle.

(3.) Without joining issues on the merits of the case, learned counsel for the petitioner contends that the occurrence pertains to the year 1992 and in the manner aforesaid, the petitioner has suffered a protracted trial spanned over a period of more than 14 years and, therefore, the petitioner may not be sent to serve a term of jail, particularly when the petitioner was only aged 20 at the time of commission of the offence and no other crime has been registered against him.