RAJA Vs. STATE

JUDGEMENT

(1.) THE appellant is the first accused in S.C. No. 155 of 2003 on the file of the learned Assistant Sessions Judge cum Chief Judicial Magistrate, Madurai. Including the petitioner, there were totally five accused in the case. They stood charged for the offences under Section 395 r/w 397 IPC. By judgment dated 25.10.2004, the trial Court convicted all the five accused under Section 395 IPC and sentenced them to undergo rigorous imprisonment for five years and to pay a fine of Rs. 1000/ - each, in default to undergo rigorous imprisonment for six months. Challenging the same, the petitioner filed an appeal in Crl.A. No. 246 of 2004. The learned Additional District and Sessions Judge (Fast Track Court No. III), Madurai, by judgment dated 28.07.2005, dismissed the appeal, thereby confirming the conviction and sentence imposed by the trial Court. Challenging the same, the petitioner is before this Court with this revision.

(2.) THE case of the prosecution in brief is as follows;

(3.) THIS revision has been pending from the year 2006. Though the matter was listed, on several hearings, there was no representation for the petitioner. Therefore, this Court was impelled to appoint a Legal Aid Counsel. Accordingly, Mr. J. Sulthan Bash, learned counsel was appointed by this Court as Legal Aid Counsel to argue the case of the petitioner. Today, I have heard him and the learned Government Advocate appearing for the respondent.