CHANDRAKANT TUKARAM KUNJIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present Appeal filed under Sec. 372 of the Criminal Procedure Code has been directed against the Judgment and Order dtd. 31/10/2023, in Criminal Appeal No.291 of 2019, passed by the Court of the learned Additional Sessions Judge, Pune which upheld the Judgment and Order dtd. 07/05/2019, in Regular Criminal Case No.738 of 2012, passed by the learned Judicial Magistrate First Class, Court No.4 at Pune thereby acquitting Respondent No.2/Original accused for the charge of offence punishable under Sec. 379 of the Indian Penal Code has been upheld.

(2.) Heard Mr. Gangal, the learned Advocate for the Appellant and learned A.P.P. for Respondent No.1-State.

(3.) Facts giving rise to this Appeal are that initially, the Appellant-first informant filed a Report with Bharati Vidyapeeth Police Station alleging theft of his Car bearing registration No.MH-12- ET-7830 in the night intervening 26/09/2011 and 27/09/2011. However, the police did not take any action on the said Report. The Appellant, therefore, filed another Report with the Police Commissioner, Pune City, alleging theft of the said car, a laptop, Mobile handset, LCD projector, one Gold Chain of 5 Tolas, Cell phone, cash of Rs.21,000.00 and 150 answer papers. On the basis of this subsequent Report, Crime No.161 of 2011 was registered for the offence punishable under Sec. 379 of I.P.C. against Respondent No.2. During the course of investigation, the Investigating Officer recorded the statement of witnesses and seized the alleged stolen article, except the gold chain and the cell phone. The investigation culminated into filing of charge-sheet against Respondent No.2.