RANJAN KUMAR PATI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Background facts preceding the presentation of this application for revision according to the petitioner are as follows: On the basis of information lodged by petitioner Ranjan Kumar Pati, described as informant, law was set into motion. According to the informant, he had ready -made garments cloth store at Haldipal bazar in Balasore district. About mid -night of 9 -7 -1S90, some unknown culprits secretly entered into his shop by breaking open its wall and committed theft of ready -made garments and clothes. On the next day the informant came to know the incident, verified the stock and found that articles worth about twenty to twenty -five thousand rupees were stolen. He went to the Basta Police Station and presented a written report regarding the incident. Subsequently on 16 -7 -1990 the stolen articles were recovered from the possession of present opp. party Nos. 2 to 4 on the basis of their voluntary confession. The articles were seized on production by the father of informant, and were given in his zima. On completion of investigation charge -sheet was submitted against aforesaid opposite parties (described as 'accused').

(2.) THE accused pleaded their innocence. Their specific plea was that there was no confession whatsoever as claimed, and there was also no recovery of stolen articles from their possession.

(3.) IN support of the revision application filed by the informant, it was submitted that the (earned Magistrate failed to notice that there was nothing involuntary in the confessional statement of Manguli and therefore, the conclusion that the same was not voluntary is untenable. Learned counsel for accused -opposite party Nos. 2 to 4 on the other hand, submitted that the scenario as described by the witnesses clearly shows that the so -called statement of Manguli before the witnesses, cannot by any stretch of imagination be said to be voluntary in addition, confession if any made by Manguli cannot be pressed into service against others.