Criminal Appeal

CRIMINAL APPEAL AND REVISION MEMORANDUM OF APPEAL

IN THE COURT OF THE DISTRICT AND SESSIONS JUDGE AT TIRUPATI

CRIMINAL APPEAL NO: 101 OF 2010

For the following among grounds the Appellant here in begs to prefer this appeal against the judgment dated ………………….. of judicial Magistrate, F.C., Tirupati in criminal case No: 101 of 2010, convicting the appellant U/Sec 411 I.P.C and sentencing him to U/go, 6 months R.I. and to pay a fine of Rs. 300/-

GROUNDS

1. That the conviction is bad in law.
2. That the Judgement of the lower court offends Sec. 367 of the Cr.P.C.
3. That the learned magistrate should have inferred from the conduct of your petitioner deposed to by the investigating officer, that he was absolutely straight forward in his dealings. The conduct of your petitioner as has been deposited to by P.Ws. No. 52 and 4 would hardly be consistent with his guilty knowledge.
4. That the learned Magistrate should have taken into accent the representation made to him by the alleged thief.
5. That the learned Magistrate should have bellered that the articles were purchased bonafide for proper market price and inferred from that the absence of any guilty knowledge of your petitioner.
6. That the articles sold were common articles of everyday use to be found in possession of people of even modest means.
7. That the learned Magistrate should have disbelieved the evidence of P.W.s No: 56 and 7 who identified the parker pen and the Wallet alleged to belong to Sri Anand and should have hold that they were ordinary, common articles incapable of identification in the absence of any special mark or name.
8. That the learned Magistrate should have believed the defence witnesses who disposed to having seen the articles sold to the appellant some five months prior to the incident.
9. That the Lower Court ought to have given the benefit of responsible doubt to the appellant and acquitted him.

PRAYER

In the circumstances stated above, the petitioner prays that your honour may be pleased to admit the appeal, call for the record.

Release your petitioner pending disposal of the appeal on bail and after hearing the case, set aside the order of conviction and sentence or pass such other order as the ends of Justice may call for and your petitioner, as in duty bound, shall ever pray.