Convictions for unlawful assembly and certain IPC sections set aside, but key charges against first accused upheld with reduced sentence.
In a significant ruling, the Kerala High Court has partially overturned the convictions of three individuals, including Binu Thankappan, in a case involving the trespass and assault at a police station. The court's decision, delivered by Justice Bechu Kurian Thomas, comes as a relief for the second and third accused, who have been acquitted of all charges, while the first accused, Binu Thankappan, faces a reduced sentence for remaining charges.
The case stemmed from incidents on August 16, 2009, when Binu Thankappan and a group allegedly created a disturbance at Vazhichal junction and later trespassed into the Aryancode police station, leading to charges under various sections of the Indian Penal Code (IPC) and the Prevention of Damage to Public Property Act, 1984.
The High Court meticulously examined the evidence and found insufficient proof to uphold the convictions for unlawful assembly, as the necessary quorum of five individuals with a common criminal intent was not established. Consequently, the charges under Sections 143, 147, 148, and 149 of the IPC were set aside. Similarly, convictions under Sections 332, 294(b), and 354 IPC were overturned due to lack of evidence.
However, the court upheld the conviction of Binu Thankappan under Sections 452 and 323 of the IPC, and Section 3(1) of the Prevention of Damage to Public Property Act. The court affirmed that the police station qualifies as a place for custody of property, thus validating the charge of house trespass against the first accused. The sentence for this offence was reduced from five years to rigorous imprisonment for three years, accompanied by a fine of Rs. 10,000.
The judgment also emphasized the seriousness of damaging public property, with evidence confirming the destruction of chairs and a collapsible grill gate at the police station, further affirming the conviction under the Prevention of Damage to Public Property Act.
This ruling underscores the importance of concrete evidence in criminal proceedings and reflects the judiciary's role in balancing justice by acquitting the innocent while ensuring accountability for proven offences.
Bottom Line:
The conviction under Sections 143, 147, 148, 149, 332, 294(b), and 354 IPC set aside due to lack of evidence. The conviction under Sections 452 and 323 IPC and Section 3(1) of the Prevention of Damage to Public Property Act affirmed for the first accused, with reduced sentence under Section 452 IPC.
Statutory provision(s): Indian Penal Code Sections 143, 147, 148, 149, 323, 332, 294(b), 354, 452; Prevention of Damage to Public Property Act, 1984 Section 3(1).
Binu Thankappan v. State of Kerala, (Kerala) : Law Finder Doc Id # 2814301
