IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 20TH DAY OF JUNE 2018 / 30TH JYAISHTA, 1940
Crl.Rev.Pet.No. 2004 of 2003
AGAINST THE JUDGMENT IN CRA 107/2002 of ADDITIONAL DISTRICT COURT
(ADHOC), THODUPUZHA
AGAINST THE JUDGMENT IN CC 78/1998 of J.M.F.C. – I, IDUKKI
REVISION PETITIONER(S)/APPELLANT:
JOSEPH S/O.JOSEPH,
UPPUMAKKAL HOUSE,
CHELACHUVADU KARA,
KANJIKUZHY VILLAGE.
BY ADVS.SRI.B.RAMAN PILLAI
SRI.R.ANIL
SRI.GEORGE PHILIP
RESPONDENT/RESPONDENT/COMPLAINANT(S):
STATE, REPRESENTED BY
THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.C.M. KAMMAPPU
THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON
20-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.UBAID, J.
~~~~~~~~~~
Crl.R.P No.2004 of 2003
~~~~~~~~~~~
Dated this the 20th June, 2018
ORDER
The revision petitioner herein challenges the
conviction and sentence against him under Section 377
I.P.C in C.C No.78/1998 of the Judicial First Class Magistrate
Court, Idukki. He faced prosecution on the allegation that
at about 11 a.m on 17.1.1998, he enticed a minor girl aged
9 years and took her to his house at the Mother Theresa
Colony where he subjected the girl to unnatural sex. The
Police registered the crime on the complaint made by the
mother of the girl and after investigation, submitted final
report in report.
2. The accused appeared before the learned
Magistrate and pleaded not guilty to the charge framed
against him. The prosecution examined 11 witnesses and
proved Exts.P1 to P6 documents in the trial court. The
accused denied the incriminating circumstances when
examined under Section 313 Cr.P.C, but he did not adduce
any evidence in defence.
3. On an appreciation of the evidence, the trial court
found the accused guilty. On conviction, he was sentenced
Crl.R.P No.2004 of 2003
2
to undergo simple imprisonment for two years and to pay a
fine of b93000/-. Aggrieved by the judgment of conviction
dated 10.5.2002, the accused approached the Court of
Session with Crl.A No.107/2002. In appeal, the learned
Additional Sessions Judge (Adhoc-I), Thodupuzha confirmed
the conviction and sentence, and accordingly dismissed the
appeal. Now the accused is before this Court in revision
challenging the legality and propriety of the conviction and
sentence.
4. On hearing both sides, and on a perusal of the
available materials, I find no scope for interference in the
findings and the conviction made by the courts below
concurrently against the revision petitioner. When this
Court required some documents from the trial court, a
report was received from the trial court that the accused
has already served out the sentence and has been
released from jail. On his application in this revision
petition, the sentence was suspended by this Court on
conditions. When the accused could not produce the
required sureties, he opted to serve out the sentence, and
accordingly he was committed to Central Prison,
Crl.R.P No.2004 of 2003
3
Thiruvananthapuram by the trial court. The report of the
learned Magistrate shows that out of the fine amount
b92000/- was remitted by him on 25.6.2002 and the balance
amount was remitted on 4.7.2005. The report also shows
that the accused was released from the Central Prison on
7.9.2005 on his earning remission for five months and five
days.
5. Of the 11 witnesses examined in the trial court,
PW1 is the victim and PW6 is her mother, who preferred the
complaint. PW2 to PW5 examined as material witnesses by
the prosecution turned hostile. However, on an appreciation
of the evidence given by the victim, supported by the
evidence given by the mother, both the courts below found
the accused guilty. Though the mother of the victim is not
an eye-witness, her evidence was found admissible by the
courts below as res-gestae evidence because it contains
the statements given by the victim to her immediately after
the incident as to what exactly happened to her. Though
the independent witnesses turned hostile, the victim and
her mother stood firm in their versions and proved the
prosecution case in the trial court. The courts below could
Crl.R.P No.2004 of 2003
4
not find anything to suspect the evidence given by the
victim and her mother or to reject their evidence. In this
revision, the Court cannot go to the factual aspects. This
Court’s concern is whether there is any illegality or
irregularity or impropriety in the findings or the conviction
made by the courts below.
6. On a perusal of the materials, I find that there is
no ground for interference in the orders of the courts below
on the ground of any illegality or irregularity or impropriety.
As regards the factual aspects, both the courts below fully
believed the victim and her mother finding that their
evidence is blemishless. On that aspect, the High Court
cannot interfere in revision.
In the result, this revision petition is dismissed
confirming the conviction and sentence against the revision
petitioner in C.C 78/1998 of the court below.
Sd/-
P.UBAID
JUDGE
ma