STATE OF GOA Vs. CARLOS CARDOZO

JUDGEMENT

(1.) THIS is an Appeal filed by the State of Goa, challenging the acquittal of the Respondent for an offence punishable under Section 380 of the Indian Penal Code. The Respondent was acquitted by the Judicial Magistrate First Class, Mapusa, by a Judgment dated 6th April, 2000, in Criminal Case No. 293/1998/ist-Jr. It is this Judgment of acquittal that is assailed before me in the present Appeal.

(2.) THE facts necessary for the decision of the Appeal are set out hereunder: - P. W. 9, P. S. I. Sandesh Chodankar, was attached to the Mapusa Police Station. On 5th August, 1998, he recorded a complaint of a jeweller by came Digamber Pednekar. THE complaint was about a theft of two gold chains weighing approximately 56 grams. On the basis of the said complaint, an offence came to be registered vide Crime No. 186/98. P. W. 9, P. S. I. Sandesh Chodankar, then recorded the statements of P. W. 1, Digamber Pednekar and his wife P. W. 3, Dipti Pednekar. He then showed them an album containing the photographs of criminals and it is alleged that both P. W. 1, Digamber Pednekar and P. W. 3, Dipti Pednekar identified the photograph of the Respondent/accused. P. W. 9, P. S. I. Sandesh Chodankar, then recorded the statements of other witnesses and drew the scene of offence panchanama in the presence of P. W. 2, Ashraf Shaikh. THE scene of offence panchanama dated 10th August, 1998, is Exh. P. W. 2/a. THE scene of offence panchanama shows the scene of offence to be a shop bearing no. 43 with the name Pednekar Jewellers painted outside the main entrance. THE shop consists of showcases containing golden ornaments and silver articles. THE said shop is situated in the Mapusa Municipal Market. THE Respondent was brought on a transfer warrant from Margaon Police Station on 17th August, 1998 and was arrested by P. W. 9, P. S. I. Sandesh Chodankar, in the present crime. On interrogation, the Respondent/accused is said to have disclosed that he would point out the shop where he had sold two gold chains. It appears that no written memorandum of the disclosure statement was made by P. W. 9, P. S. I. Sandesh Chodankar. On 17th August, 1998 itself, after the disclosure statement was made, P. W. 9, P. S. I. Sandesh Chodankar, went to the shop No. 150 in the Mapusa Municipal Market as shown by the Respondent. THE owner of the shop is one Suhas Nagvekar. As the said Suhas Nagvekar, was not present in the shop, no seizure was effected in pursuance of the statement and hence, no panchanama was drawn. On the next day i. e. on 18th August, 1998, the said Suhas Nagvekar, is alleged to have produced 56 grams of gold in melted lump form and the same was attached vide Attachment Panchanama Exh. P. W. 2/b, in the presence of P. W. 2, Ashraf Shaikh. THE said Suhas Nagvekar, was initially made an accused but was discharged by the Judicial Magistrate First Class, Mapusa, by his Order dated 27th October, 1998. Suhas Nagvekar, has then examined in the trial as P. W. 8.. After completion of the investigation, a charge-sheet against the present Respondent came to be filed for an offence punishable under Section 380 of the Indian Penal Code.

(3.) BEFORE adverting to the submission made by Mr. A. P. Lawande, the learned Public Prosecutor appearing for the Appellant State and Mr. Arun Bras de Sa, the learned Advocate appearing for the Respondent, it would be useful to make a brief reference to the testimonies of the witnesses. P. W. 1, Digamber Pednekar, states that on 3rd August, 1998, at about12 noon, the Respondent/accused had come to his shop and had requested him to show gold chains. The Respondent/accused is alleged to have informed P. W. 1, Digamber Pednekar, that the Respondent wanted two gold chains, one for himself and the other for his friend. P. W. 1, Digamber Pednekar, therefore, showed the Respondent two gold chains and the Respondent stated that he would come later for purchasing the chains. P. W. 1, Digamber Pednekar, further states that on 5th August, 1998, he opened the shop at 8.30 a. m. and P. W. 10, Santosh Parsekar, and his wife P. W. 3, Dipti Pednekar, were present. Thereafter, he corrected himself by stating that his wife P. W. 3, Dipti Pednekar, was not present. P. W. 1, Digamber Pednekar, further states that he opened the door of his shop at 9.00 a. m. and two customers had come to his shop. The Respondent/accused also came to his shop and the Respondent asked P. W. 1, Digamber Pednekar, whether he had kept the chains which are shown to the Respondent earlier. P. W. 1, Digamber Pednekar, states that he then removed the gold chains from the showcase, one weighing 36 grams including a locket and the other chain weighing 20 grams inclusive of locket. The Respondent is alleged to have picked up both the chains in his hands and is alleged to have stated okey I will come. So saying, according to P. W. 1, Digamber Pednekar, the Respondent/accused took to his heels. Two neighbouring business men, P. W. 6, Suhas Karpe and P. W. 7, Govind Hirve, chased the Accused but in vain. P. W. 1, Digamber Pednekar, thereafter went to the Police Station and lodged his complaint which is Exh. PW1/a. According to him, on the same day, in the evening, he was called to the Police Station and he identified the photograph of the Respondent as the person who had come to his shop.