SHAHIDA, D/O. SUBAIDA Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against her under Section 369 IPC in C.C.No.1036 of 1996 of the Judicial First Class Magistrate Court-I, Kollam. She faced prosecution on the allegation that at about 4.00 p.m. on 23.02.1996, she kidnapped a small girl aged seven years with the object of committing theft of the ornaments worn by the girl. Finding the girl missing, the mother of the girl made a complaint before the police. Within a few hours, the missing child was traced out by the Kollam East Police. After investigation, the police submitted final report in Court against the accused.

(2.) She appeared before the learned Magistrate, and pleaded not guilty to the charge framed against her. The prosecution examined eight witnesses, and proved Ext.P1 First Information Statement in the trial court. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973 She did not adduce any evidence in defence.

(3.) On an appreciation of the evidence, the trial court found the accused guilty. On conviction, she was sentenced to undergo simple imprisonment for two years, and to pay a fine of Rs. 3,000/-. Aggrieved by the judgment of conviction, the accused approached the Court of Session, Kollam with Crl.Appeal No.182 of 2001. In appeal, the learned Sessions Judge, confirmed the conviction and sentence, and accordingly dismissed the appeal. Now the accused is before this Court in revision challenging the legality and propriety of the conviction and sentence.