P MADHUSUDAN RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) Accused No. 1 is petitioner against appellate order confirming direction to confiscation of property u/ S. 452, Cr. P. C.

(2.) Petitioner was tried for an offence u/ Ss. 379 and 411, IPC as a piece of precious stone was found in his possession for which he could not account for and his movement was found to be suspicious near bus stand of Sonepur. Accused took the defence that he is an Advocate from Andhra Pradesh. Coming to know that precious stones are available in Bolangir district of Orissa, he came with the precious stone as a sample. He went to Birmaharajpur in search of such stone but could not find. On return while he was moving with the other accused, he was called to police station after which he was prosecuted.

(3.) During trial, petitioner examined himself and proved a receipt in support of his purchase of the precious stone. Though trial Court did not accept the receipt and was not satisfied about the ownership of the precious stone, petitioner was acquitted since prosecution could not prove that precious stone was a stolen property. While acquitting petitioner, trial Court directed confiscation of the stone. Appellate court has confirmed it.