KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal, the challenge is against the judgment of conviction and sentence in S.C.No.1937/2001 on the files of Additional Sessions Judge, Fast Track (ADHOC-II) , Thiruvananthapuram. The conviction is under Section 392 of IPC and the sentence imposed is to undergo rigorous imprisonment for a period of four years. The appellant was the 3rd accused in Crime No. 58/95 of Pettah Police Station. The original second accused in the crime was seen acquitted.

(2.) The prosecution case is that:

(3.) When the appeal came up for hearing, the learned Counsel appearing for the appellant submitted before this Court that, mainly there are two points to be considered by this Court. One is that of identity and the second is that, there is nothing to link the accused with the alleged robbery, even if, the robbery was committed by some other person.