GANESHAN P.K Vs. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner herein stands arrayed as the sole accused in CC.No.879/2017 on the files of Judicial First Class Magistrate Court, Tripunithura arising from Crime No.2138/2016 of Hill Palace Police Station for offence punishable under section 380 of the Indian Penal Code.

(2.) It was alleged by the prosecution that, the petitioner herein on 17.12.2016, at 11.45 p.m., trespassed into the bed room of the defacto complainant - third respondent and stole a gold chain weighing about four sovereigns, worth Rs. 65,000/-. Pursuant to the crime registered, investigation was conducted and the petitioner herein was implicated as the sole accused. After investigation, final report was laid and the matter is now pending as CC.No.CC.No.879/2017 on the files of Judicial First Class Magistrate Court, Tripunithura.

(3.) The petitioner has approached this court contending that he is absolutely innocent of the crime and that he was implicated merely on the basis of suspicion. It was also contended that there was no proper recovery of gold ornaments and even now, the evidence let by the prosecution stand on the realms of doubt only. It was also contended by the learned counsel for the petitioner that the parties have resolved their dispute and it is evidenced by Annexure- A2 affidavit, affirmed by the defacto complainant and the true owner of the gold ornaments, who has affirmed Annexure-A3 affidavit. The learned counsel for the second and third respondents reiterated the settlement evidenced by the above affidavits.