USHABEN ALIAS SUDHABEN MANUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEARNED Additional Sessions Judge, Court No. 18, Ahmedabad, by judgment and order dated 23. 3. 1999, convicted the present appellant-original accused no. 2 in Sessions Case No. 265 of 1998 for the offence punishable under Section 381 of Indian Penal Code whereby she was sentenced to suffer four years rigorous imprisonment and fine of Rs. 10,000/-, in default, to undergo simple imprisonment for three months. The said judgment and order is challenged by way of filing this appeal.

(2.) IN brief, it is the case of the prosecution that one Sushilaben is the sister-in-law of the complainant Kirtibhai Shah. It is alleged that on 26. 10. 1994, accused no. 2 maid servant of Sushilaben had given intoxicant and thereafter Sushilaben fell off to sleep. Thereupon, between 9. 30 a. m. and 12. 00 noon, the accused no. 2 had stolen various valuable articles and cash amount total worth of Rs. 62,000/- from the house of Sushilaben. It is alleged that accused no. 1 was running the institution in the name of "seva Domestic Service" and hiring such maid servants for the people and was providing service of accused no. 2 to Sushilaben.

(3.) ON the basis of the complaint, the offence was registered. The investigation was carried out by the Investigating Officer and after four months the present appellant-accused was arrested and at the end of investigation, the charge sheet was filed for the offences punishable under Sections 381, 328 read with Section 114 of Indian Penal Code. Learned Metropolitan Magistrate has committed the said case to the Sessions Court under Section 209 of the Code of Criminal Procedure, 1973 as the Metropolitan Magistrate has no jurisdiction to try for the charges levelled against the accused. The charge was framed against the accused as referred above; the accused denied the charges, pleaded not guilty and claimed to be tried.