ARUN KUMAR SEN Vs. REPBLIC OF INDIA

JUDGEMENT

(1.) The appellant in this Criminal Appeal faced trial for commission of offences under Sections 457/380/ 411, I.P.C. in S.P.E. Case No. 14 of 1986 before the Addl. Chief Judicial Magis- trate-cum-Spl. C.J.M. (C.B.I.)-cum-Asst. Sessions Judge, Bhubaneswar.

(2.) The criminal case was set in motion on the basis of an F.I.R. filed alleging that some known persons had stolen the idol of Lord Nursinghanath. The investigation, which Was initially conducted by Paikakamala P.S. was subsequently handed over to C.B.I, in view of the serious nature of offences. The Investigating Agency was able to arrest the appellant and others and also recover the idol.

(3.) In order to substantiate its case prosecution got examined as many as 28 witnesses and exhibited several documents. The learned Addl. Chief Judicial Magistrate-cum-Spl. C.J.M. (C.B.I.)-cum-Asst. Sessions Judge, Bhubaneswar after thread-bare discussion of the evidence, both oral and documentary, arrived at a conclusion that prosecution was able to prove the offences against the appellant and accordingly held the appellant guilty for commission of offences under Sections 457/380, I.P.C. and convicted him thereunder. The Court below sen- tenced him to undergo R.I. for one year and to pay a fine of Rs.500/- in default to undergo further R.I. for one month on each count for the offences under Sections 457/380 I.P.C. considering the sentiments of the local public. The Court below directed that both the sentences are to run concurrently. Being aggrieved the appellant has preferred this appeal.