PARVEEZ PASHA Vs. STATE

JUDGEMENT

(1.) The present petitioner was accused in C.C.No.2617/2006, in the Court of the III Additional Civil Judge (Jr.Dn.) and Judicial Magistrate First Class, at Tumakuru, (hereinafter for brevity referred to as "the Trial Court"), who, by the judgment of conviction and order on sentence dtd. 4/3/2008 of the Trial Court, was convicted for the offence punishable under Sec. 380 of the Indian Penal Code, 1860 (hereinafter for brevity referred to as "the IPC ") and was sentenced accordingly. Aggrieved by the same, the accused preferred an appeal in Criminal Appeal No.51/2008, in the Court of the Fast Track Court-III at Tumkur, (hereinafter for brevity referred to as the "the Sessions Judge's Court"), which, after hearing both side, dismissed the appeal, confirming the impugned judgment of conviction and order on sentence passed by the Trial Court in C.C.No.2617/2006. It is challenging the judgments of conviction and order on sentence passed by both the Trial Court as well the learned Sessions Judge's Court, the accused/petitioner herein has preferred the present revision petition.

(2.) The summary of the case of the prosecution in the Trial Court was that, on the date 6/6/2006, when PW-1 (CW-1) had kept his golden chain in his house at Sadashivanagara, within the limits of the complainant Police Station and had gone to take bath, he noticed that the said chain was found missing when he finished his bath and saw to it. He searched for the said chain in his house and thereafter, kept quiet for some time without proceeding further in the matter. After some time, through Newspaper, he came to know that the complainant Police had recovered some quantity of stolen articles including a golden chain, as such, he went to the Police Station on the date 17/8/2006. On finding his stolen chain in the Police Station and identifying the same, he lodged a complaint with the Police. According to the him (complainant), after registering the complaint, the Police visited the spot and drew a scene of offence panchanama. After completing the investigation, the Police filed charge sheet against the accused for the offence punishable under Sec. 380 of the IPC.

(3.) The accused appeared in the Trial Court and contested the matter through his counsel. The accused pleaded not guilty. As such, in order to prove the alleged guilt against the accused, the prosecution got examined in all five (5) witnesses from PW-1 to PW-5, got marked documents from Exs.P-1 to P-4(b) and produced onr Material Object at MO-1. However, neither any witness was examined nor any documents were got marked on behalf of the accused.