STATE OF ORISSA Vs. DHANAPATI PARAJA

JUDGEMENT

(1.) THIS appeal is preferred by the State of Orissa against the judgment dated 28.2.1 987 passed by the learned Sub -Judge -cum -Asst. Sessions Judge, Jeypore acquitting the respondent from the charge under Section 395, I.P.C. in Sessions Case No. 25 of 1986.

(2.) SOME women were going to a Jatra at about 8 P.M. from their village together, when the respondent and some other accused numbering about 7/8 persons being armed with lathi etc. arrived at. the scene of occurrence and snatched away from the women members some nose pins, bangles and gold chain. On the aforesaid allegations respondent Dhanapati Paraja and some others were prosecuted for commission of offence under Section 395, IPC. Some of the accused, who were tried along with Dhanapati were acquitted by the trial Court on 20.2.1987 under Section 232, Cr.P.C. By the impugned judgment respondent Dhanapati Paraja was also acquitted by the trial Court. The said judgment of acquittal of respondent Dhanapati Paraja is challenged by the State of Orissa in this appeal.

(3.) ON perusal of the record, learned Government Advocate pointed out that all the ornaments were recovered in course of investigation and respondent Dhanapati Paraja was in custody for about 15 days during the course of investigation.