KARUNA BEHERA Vs. STATE

JUDGEMENT

(1.) THE Petitioner has been convicted under Section 379 read with Section 75 of the Indian Penal Code and sentenced to rigorous imprisonment for one year and six months. Prosecution case is that the Petitioner picked the pocket of one Magi Naik (p.w.1) at Cuttack Railway platform on 4 -10 -1962 at about 2 -30 P.M. There was heavy rush in the train. P.w.1 found the lower pocket of his banion cut and one -ten -rupee currency note missing. He made a hulla. The accused was caught and from him a ten -rupee note and a 7 'O' clock blade were found. The defence was one of denial.

(2.) IT is not disputed that the pocket of p.w.1 was picked and that be lost a ten -rupee note. His evidence, corroborated by the cutting of his pocket and the alarm raised immediately after, fully establishes this part of the prosecution case.

(3.) THERE is no satisfactory material on record to establish beyond reasonable doubt that the accused picket the pocket of p.w.1. The evidence leads to a high degree of suspicion that the accused might have committed the crime. But suspicion is not proof. Prosecution must establish its case beyond reasonable doubt.