PRASANNA CHANDRAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein was a Constable attached to the Armed Reserve Camp, Alappuzha. He challenges the conviction and sentence against him under Sections 454 , 380 and 419 of the Indian Penal Code in C.C.No. 128 of 1998 before the Chief Judicial Magistrate Court, Alappuzha. He faced prosecution on the allegation that at about 11.30 a.m. on 30.06.1998, and also at about noon on 02.07.1998, he committed house breaking to the office of one Advocate Gangadharan Nair, committed theft of eight bundles of pending cases, and he later approached the concerned parties claiming himself to be the Advocate Commissioner appointed by the Civil Court, and also received money dishonestly from such clients, impersonating the Advocate Commissioner appointed by the court. The Police registered the crime on the complaint made by the Clerk of the said Advocate, and during investigation, some case files and other articles were seized from the possession of the accused. After investigation, the Police submitted final report in court.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him under the above Sections. The prosecution examined 17 witnesses, and proved Exts.P1 to P13 documents in the trial court.

(3.) When examined under Section 313 Cr.P.C., the accused denied the incriminating circumstances, and as regards the prosecution allegation of theft and house breaking on 02.07.1998, the accused projected a plea of alibi, that he had in fact been at the A.R. Camp on duty on 02.07.1998, and so, he could not have approached anybody on that day. In defence, he examined DW1, and also proved Exts. D1 and D2 documents, including the specific portion of the attendance register dated 02.07.1998 of the A.R. Camp.