MANU/SC/1177/2016

True Court CopyTM English

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 958 of 2016 (Arising out of SLP (Crl.) No. 3757 of 2016), Criminal Appeal No. 960 of 2016 (Arising out of SLP (Crl.) No. 3759 of 2016), Criminal Appeal No. 959 of 2016 (Arising out of SLP (Crl.) No. 3758 of 2016) and Criminal Appeal No. 957 of 2016 (Arising out of SLP (Crl.) No. 3756 of 2016)

Decided On: 03.10.2016

Appellants: Benson Vs. Respondent: State of Kerala

Hon'ble Judges/Coram:
Dipak Misra and U.U. Lalit

JUDGMENT

U.U. Lalit, J.

1. Leave granted. These appeals by Special Leave arise out of judgments and orders passed by the High Court of Kerala in Criminal Revision Petition Nos. (i) 808 of 2015 on 16.09.2015, (ii) 859 of 2015 on 16.09.2015, (iii) 858 of 2015 on 14.09.2015 and (iv) 670 of 2015 on 17.09.2015.

2. On the allegation that the Appellant was involved in committing thefts he was charged of having committed offences on different occasions and was separately tried in i) CC No. 158 of 2004 before Judicial Magistrate First Class, Chavakkad for offences punishable Under Section 379, 414 read with 34 Indian Penal Code, ii) CC No. 1039 of 2003 by Judicial Magistrate First Class, Chavakkad for offences punishable Under Section 379, 414 read with 34 Indian Penal Code, iii) CC No. 390 of 2004 by Judicial Magistrate First Class, Chavakkad for offences punishable Under Section 379, 414 read with 34 Indian Penal Code and (iv) CC No. 1168 of 2006 by Judicial Magistrate First Class, Kunnamkulam. By separate judgments, the Appellant was convicted and sentenced in each of the aforesaid crimes. The respective appeals preferred by the Appellant were dismissed by the Sessions Judge, Thrissur. The Appellant filed Criminal Revision Petitions in the High Court which were also dismissed. The following chart would disclose the relevant details:

C.C. No. /Offence

Date of occurrence

Date of Conviction and Sentence by Judicial Magistrate First Class

Crl. Appeal No.

Crl. R.P. No. in the High Court

SLP No.

158/2004 in the Court of Judicial Magistrate First Class (in short JMFC), Chavakkad/Under Section 379, 414 r/w 34 of Indian Penal Code

03.06.2003

28.06.06, RI for 2 years and fine of Rs. 1,000/- for offence Under Section 379 Indian Penal Code and RI for 2 years Under Section 414 ID RI for 3 months