Criminal Revision Petition No. 957 of 1999 · Kerala High Court · 2007

CRRP 957/992the doors and windows. On seeing the Constables , one ofthe accused took to heels and escaped. Theaccused/revision petitioner was apprehended and handedover to the Controlling officer (PW-7). PW-6 who is the Assistant Estate Officer of the F.A.C.T has proved Ext.P4valuation certificate wherein it is mentioned that the valueof window frames and door shutters comes to Rs.3000/-and that the building from which the above articles wereattempted to be removed is having House No.XIII/218which was acquired by the F.A.C.T as per the proceedingsas LAC 173/93 from Special Tahsildar Land Acquisition(General). The evidence of PW-6 stands unimpeached. Ifind no reason to interfere in the findings of the courtsbelow. The conviction is confirmed.3. Counsel for the revision petitioner has sought forleniency pointing out that more than 12 years haveelapsed since the incident has taken place and since thecommencement of the criminal proceedings. The accusedhas been facing criminal proceedings so far. It is CRRP 957/993submitted that the accused is not a habitual offender andis a nearby resident. 4. In the circumstances, the sentence is modified toimprisonment till the rising of the court and to pay a fineof Rs.5000/- and in default to undergo simple imprisonmentfor 3 months. The revision petitioner shall appear beforethe JFCM, North Paravur on 30-7-2007 to receive thesentence. The Crl.R P is disposed of accordingly. K.R.UDAYABHANU,JUDGE.Kvm/- CRRP 957/994K.R.UDAYABHANU, J.CRL.R.P. 957 OF 1999ORDER19-6-2007.