PRAKASH RAJARAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE present applicants are the three accused who are standing their trial for offences punishable under Section 394 read with Section 34 of the Indian Penal Code in the Court of Judicial Magistrate, First Class (8th Court) Nagpur.

(2.) THE prosecution allegations appear to be that about 9. 30 P. M. in the night of January 9, 1973, the accused subjected one Miss Saroj Khaperde, while she was in the company of one Mr. Wasnik, to robbery by taking away her golden ornaments and one currency note. In the charge-sheet against the accused filed in court by the prosecution, it is said that these two persons, i. e. Miss Khaperde and Mr. Wasnik, were occupants of Car No. MRH 4950, which was negotiating the road Amravati Octroi Naka towards Ambazari Garden, and near a bridge, that car was stopped and robbery effected at that hour of the night.

(3.) THE prosecution thus mainly relies on the evidence of these two occupants of the car. From the statement of Miss Khaperde, who was examined-in-chief, it appears, she had stated in court that she had gone on that day in the evening to the Hingana Industrial Estate to her plot and was returning along with the other occupant of the car, Mr. Wasnik, while it was night. She had also spoken about her other movements, including taking tea at nearby place and had disclosed some reason as to why they were going particularly by that road, in that she wanted to catch the Air Flight so as to fly to Delhi.