PRAKASH VERNEKAR Vs. STATE OF GOA

JUDGEMENT

(1.) The challenge in this revision petition is to the Order dated 27. 10. 2006, by which the learned Additional sessions Judge, Panaji, has ordered the gold pieces, of different weights, (MO. 7 to 14) which were seized from the possession of the petitioner, a goldsmith, to be returned to respondent No. 2, the first informant in criminal Case No. 205/1996/c.

(2.) Some facts are required to be stated to dispose of this revision petition.

(3.) A theft took place in the house of the respondent No. 2 on 13. 7. 1995, and the accused Felix Fernandes was prosecuted under sections 457 and 380 I. P. C. , 1860, and was convicted and sentenced by judgment dated 8. 1. 2001 of the learned j. M. F. C. , Mapusa and the gold articles including Mos. 7 to 14 were ordered to be released to said first informant i. e. to respondent No. 2. The judgment of conviction and sentence has attained finality but the petitioner preferred an appeal to the court of Sessions against that part of the order by which the gold articles were ordered to be returned to the first informant/ respondent No. 2 and the said appeal came to be dismissed by order dated 1. 12. 2003 of the learned first Additional Sessions judge, Panaji.