STATE OF KARNATAKA Vs. JOY D SOUZA

JUDGEMENT

(1.) Heard the learned High Court Government Pleader regarding admission.

(2.) This Revision Petition is filed by the State under sections 397 and 401 of Criminal Procedure Code, 1973 (' Cr.P.C.- for short) challenging the Judgment passed by the IV Addl. District and Sessions Judge, D.K., Mangaluru (' Appellate Court for short) in Cri. A. No. 111/2016 dated 01.01.2018, whereby the judgment and order of acquittal passed by the Prl. Civil Judge and JMFC, Belthangady (' trial court for short) in C.C.No.860/2010 dated 13.01.2016 was confirmed.

(3.) It is the submission of the learned HCGP that the evidence on record goes to show that the gold articles MOs 1 to 6 were stolen from the house of the complainant. The evidence and the material placed have not been properly considered and appreciated by the trial Court and the Appellate Court. It is further submitted that the evidence of the Investigating Officer also establishes the fact that the accused was arrested and his voluntary statement was recorded. As per Ex.P15 the stolen articles were recovered in the presence of panch witnesses. This aspect has not been properly considered and appreciated by the trial Court. Both the Courts below have erred in not appreciating the evidence and acquitting the respondent-accused. On these grounds, he prayed to admit the revision petition and issue notice to the respondent.