the bag snatching comedy from Kalakalappu !
We do
read about crimes and forget them in a short time. Getting them convicted in a long tedious
process – it appears.
We have read about politicians and civil cases going on appeal against
the judgment of lower court. An
appellate court, [court of appeals] is
any court of law that is empowered to hear an appeal of a trial court or other
lower tribunal. In most jurisdictions, the court system is divided into at
least three levels: the trial court, which initially hears cases and reviews
evidence and testimony to determine the facts of the case; at least one
intermediate appellate court; and a Supreme court (or court of last resort)
which primarily reviews the decisions of the intermediate courts.
Here
is a Criminal case in the High Court of Judicature decided in Feb 2010. The Criminal Appeal arose out of the judgment of conviction and sentence
passed by Sessions Judge in 2003
convicting the accused for the offence
under Section 397 IPC and sentencing each of them to undergo rigorous
imprisonment for seven years. In June 2002, a loadman residing at
Varadamuthiappan Street, Chennai purchased 1-1/2 sovereigns of gold chain from
a jewelry shop and returned to his lorry shed. He was robbed at knife point. He
raised alarm, some members of the public chased and caught them
red-handed. A complaint was lodged with
the Police who arrested the accused and charged them under Section 397 IPC read
with Section 34 IPC.
The trial Court,
after following the procedures, framed charge against the accused for the
offence u/s Sec. 397 IPC, to which the accused pleaded not guilty. The trial Court, upon considering the oral and
documentary evidence, convicted and sentenced the accused.
At
the appeal, the Counsel contended that the appellant was not guilty of the
offence and he did not possess the knife. The Prosecution contended that the accused had the
motive to commit robbery and threatened the victim at knife point. Considering the evidences being cogent, natural and trustworthy and the fact that accused was caught red-handed, the Hon’ble Court
considered it of Section 397 IPC, which reads as follows: ** Robbery, or dacoity, with attempt to cause
death or grievous hurt: If, at the time of committing robbery or dacoity, the
offender uses any deadly weapon, or causes grievous hurt to any person, or
attempts to cause death or grievous hurt to any person, the imprisonment with
which such offender shall be punished shall not be less than seven years."**
Extortion
is "robbery", if the offender, at the time of committing the extortion,
is in the presence of the person put in fear, and commits the extortion by
putting that person in fear of instant death, of instant hurt, or of instant
wrongful restraint to that person or to some other person, and, by so putting
in fear, induces the person so put in fear then and there to deliver up the
thing extorted. The offender is said to be present if he is sufficiently near
to put the other person in fear of instant death, of instant hurt, or of
instant wrongful restraint.
The
Court considering evidence of witnesses that A1 alone used the knife and A.2 did not possess any deadly weapon,
set aside the conviction of the Trial Court and stated that appellant is found guilty of the offense under Section 395
IPC [punishment for dacoity], the Court reduced the sentence from seven years to five years' rigorous
imprisonment and dismissed the criminal appeal. As the appellant was on bail, the Court directed
to take steps to secure his custody to undergo the remaining period of
sentence. It also ruled that the period of imprisonment already undergone by
the appellant/A.2, shall be set-off under Section 428 Cr.P.C.
With regards – S.
Sampathkumar
5th Mar 2015.
