RATHEESH @ OPR v. STATE OF KERALA

ASSISTANT SESSIONS COURT/ADDITIONAL SUB COURT, ALAPPUZHA APPELLANT/ACCUSED: RATHEESH @ OPR AGED 40 YEARS S/O.CHANDRAN, RATHEESH BHAVANAM, THAKAZHY VILLAGE, THAKAZHY PANCHAYATH, ALAPPZUHA DISTRICT., PIN - 688562 BY ADVS. BINU BABUKUTTAN VIDHU M.UNNITHAN RATHEESH C. HARI SANKAR V. RESPONDENTS/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SMT.PUSHPALATHA M K - SR PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Crl. Appeal No.642 of 2024 2 P.G. AJITHKUMAR, J. ----------------------------------------------------------- Crl. Appeal No.642 of 2024 ----------------------------------------------------------- Dated this the 23rd day of May, 2024 J U D G M E N T This is an appeal against conviction filed under Section 374(2) of the Code of Criminal Procedure, 1973. The judgment of conviction was rendered by the Assistant Sessions Judge, Alappuzha. The appellant was convicted for the offences punishable under Sections 341, 392, 394, 398 and 308 of the Indian Penal Code, 1860 (IPC). The appellant was sentenced to undergo imprisonment for various terms among which the longest period is seven years for the offence punishable under Section 398 of the IPC. Terms of substantive sentence were ordered to run concurrently. Since the conviction was by the Assistant Sessions Judge and the period of sentence imposed is seven years, this appeal ought to have been instituted before the Sessions Court. Hence this appeal is returned to the appellant by directing him present his appeal before the proper court. Crl. Appeal No.642 of 2024 3 Return the certified copy of the judgment to the appellant after retaining a copy of the same with the records. PV Sd/- P.G. AJITHKUMAR JUDGE