THIRUPPATHY Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The revision petitioner herein is the second accused in C.C.No. 399 of 2002 of the Judicial First Class Magistrate Court, Ottapalam. He and the first accused faced prosecution in the court below under Sections 457 and 380 read with Section 511 of the Indian Penal Code on the allegation that at about 6.00 p.m. on 20.11.2002, they trespassed into the Jayanthy Ayurvedic Clinic at Shornur, by damaging the front door lock of the Clinic, and they also attempted to commit theft of the articles from the said Ayurvedic Clinic. The Police registered the crime on the complaint made by the Manager of the Clinic. After investigation, the Police submitted final report against the two accused, alleging house trespass and attempted theft.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them. The prosecution examined three witnesses, and proved P1 to P4 documents in the trial court. The MO1 iron rod, and also the MO2 damaged lock were also identified during trial.

(3.) The two accused denied the incriminating circumstances when examined under Section 313 Cr.P.C.. They did not adduce any evidence in defence.