STATE OF U.P Vs. RUSTAM

JUDGEMENT

(1.) Heard on admission.

(2.) Challenge in the present Government Appeal is to the common judgment and order dated 17.08.2019, passed by Additional Sessions Judge (FTC), Court No.1, Bulandshahar in Sessions Trial No. 211 of 2011 (State Vs. Rustam and others), Sessions Trial No.289 of 2011 (State Vs. Rustam), Sessions Trial No.290 of 2011 (State Vs. Firoz), Sessions Trial No.291 of 2011 (State Vs. Hamid) and Sessions Trial No. 972 of 2012 (State Vs. Rustam and others), acquitting all the respondents of the offences under Sections 395, 397 and 412 of IPC, acquitting respondents Rustam, Firoz, Hamid under Section 25 of the Arms Act and acquitting the respondents Rustam, Sajid @ Mannu, Hamid, Gajay Singh of the offences under Sections 419, 420, 467, 468 and 471 of IPC.

(3.) Brief facts of the case are that in the night intervening 09/10.09.2010, certain persons entered the premises of an Engineering College where construction work was going on, and after kidnapping some laborers, have taken about 300 shuttering plates, one generator set, three vibrators and about 50 tie-iron rods and one stabilizer in a truck. On the next morning i.e. on 10.09.2010, information of the said offence has been communicated by Suresh (PW-3) to the Secretary of the Society, namely, Shiv Singh (PW-1). At their instance, FIR (Ex.Ka-15) was registered against some unknown persons under Section 392 of IPC. Further case of the prosecution is that during checking of the vehicles, one Eicher Canter car was apprehended carrying looted articles and seven accused persons were found in the said vehicle. They were interrogated by the police and they confessed their offence. Based on their statement, seizure was effected and accordingly charge sheet was filed.