MUBARAK ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the accused in C.C.No.83 of 2015 of the Chief Judicial Magistrate Court, Manjeri. He faced prosecution in the court below under Sections 457 and 380 of IPC, on the allegation that at about 01.30 am on 14.08.2013, he committed lurking house trespass into a Studio by name Chithra Digital Studio at Edavanna, and committed theft of some articles like computer hard discs, camera charger, LCD monitors, etc.. The Police registered the crime on the complaint made by one Suresh Kumar to whom the Studio belongs. The accused was arrested by the Sub Inspector of Police, Melattur, in connection with another crime on 12.11.2014. When interrogated in the said crime, the accused revealed the theft committed by him at Chithra Digital Studio. On the basis of the statement given by him on interrogation , the Sub Inspector recovered some articles. Investigation revealed that these articles are involved in the present crime, and accordingly, the crime was transferred to the Edavanna Police Station. After investigation, the Edavanna 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 Sections 457 and 380 IPC. The prosecution examined eight witnesses, and proved Exts. P1 to P13 documents in the trial court. The MO1 to MO6 properties were also identified during trial.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C. He did not adduce any oral evidence in defence. Ext.D1 was marked on side during trial.