STATE OF GOA Vs. RIZWAN SOFIK SAIFI

JUDGEMENT

(1.) By this Appeal, the appellant-State is challenging the acquittal of the respondents from the offence punishable under Sections 452, 347, 395, 397 read with Section 120-B of the Indian Penal Code, (IPC, for short) and Section 3 read with Section 25 of the Arms Act, 1959. The third respondent (A3) has since been deleted as he was found to be a juvenile and proceedings against him are pending before the Juvenile Justice Board (JJB).

(2.) The prosecution case may be briefly stated thus :

(3.) On the basis of the complaint lodged by Muzaffar Kadri (PW-1), an offence under Crime No. 51 of 2009 was registered with Police Station, Old Goa. During the course of investigation, the Investigating Officer, (PW-35), recorded the statement of witnesses and arrested the accused from Margao Railway Station. He effected seizure of certain articles including the gold ornaments and cash and after completion of the investigation, filed a chargesheet, which was committed to the Court of Sessions and was registered as Sessions Case No.1 of 2010.