Mangaluru: A man who was acquitted by a lower court in connection with a theft at a daivasthana and bhandara house in Kanantoor village of Balepuni in Bantwal taluk has been sentenced to 10 years of rigorous imprisonment and fined Rs 60,000 by the Additional District and Sessions Court, FTSC-1 Fast Track Court, Mangaluru.

The convict has been identified as Abdul Basheer alias Kalla Basheer (36), a resident of Kallapu Kattepuni, Hale Mane, Ullal. The appellate court set aside the earlier acquittal after concluding that the charges against him had been proved.

The judgment was delivered by Judge Mohan J S on August 28 following an appeal filed by the prosecution against the trial court’s order.

Theft reported in 2009

According to the prosecution, the theft took place during the early hours of February 27, 2009, at Sri Kshetra Thodakukkinar Daivasthana at Kanantoor in Balepuni.

At around 1.30 am, Abdul Basheer allegedly broke open the lock of the daivasthana using an iron lever and entered the premises. He allegedly stole cash kept in the hundi.

The accused then allegedly broke open the lock of the adjoining bhandara house and entered the building. He subsequently broke open the lock of the deity room inside the premises and stole several gold, silver and other articles, besides cash.

The stolen property included 100 grams of gold valued at Rs 1.20 lakh, two kiruwals, or swords, containing 120 grams of silver, and an iron arrow weighing 145 grams with a gold covering.

Other stolen articles included a silver kalasha weighing 260 grams and valued at around Rs 7,000, a silver satte, or flower ornament, of a Shiva idol weighing 250 grams and valued at Rs 6,000, and another silver satte of a Durgalaya idol weighing 75 grams and valued at Rs 2,000.

The accused also allegedly stole Rs 2,000 in cash from the hundi.

Stolen property allegedly sold

According to the prosecution, the stolen articles were subsequently sold to the second accused in the case. The second accused was alleged to have received the property despite knowing that it had been stolen.

A case was registered at the Konaje police station following the incident. After completing the investigation, the investigating officer submitted a chargesheet before the court.

The case was initially tried before the Additional Civil Judge and First Class Magistrate Court at Bantwal. The court acquitted the accused of the charges.

The prosecution, however, challenged the acquittal order and filed an appeal before the Additional District and Sessions Court, FTSC-1 Fast Track Court, Mangaluru.

Appellate court sets aside acquittal

The appeal was heard by the Additional District and Sessions Court, where arguments and counterarguments were presented by the prosecution and the accused.

After examining the case and hearing both sides, the appellate court concluded that the offence against Abdul Basheer had been proved. The court subsequently set aside the judgment of the trial court that had acquitted him.

On August 28, Judge Mohan J S sentenced the accused to 10 years of rigorous imprisonment and imposed a fine of Rs 20,000 under Section 457 of the Indian Penal Code (IPC).

The court also sentenced him to seven years of rigorous imprisonment and imposed a fine of Rs 10,000 under Section 380 of the IPC.

The judgment further took into account the accused’s previous criminal convictions.

Enhanced punishment under IPC provisions

The court was informed that Abdul Basheer had been involved in similar offences within the jurisdiction of the Ullal police station and had been convicted in two such cases.

According to the case details, he committed the theft at the daivasthana after serving the sentence imposed in the earlier cases.

Considering his previous convictions, the court invoked Section 75 of the IPC, which deals with enhanced punishment for certain repeat offenders.

Under this provision, the court sentenced him to a further 10 years of rigorous imprisonment and imposed an additional fine of Rs 30,000.

The total fine imposed on the accused was Rs 60,000.

The second accused, who was alleged to have received the stolen property, has since died.

Prosecutor represented the State

Government prosecutor K Badarinath Nairi represented the prosecution before the appellate court.

The case, which dates back to 2009, has now reached a significant conclusion with the appellate court overturning the lower court’s acquittal and convicting the accused.

The judgment also underlines the legal consequences faced by repeat offenders, particularly when previous convictions are considered while determining punishment. The court’s decision brought an end to the long-running legal proceedings in the theft case involving valuables and cash stolen from the daivasthana and adjoining bhandara house.