(1.) This order shall dispose of aforesaid two criminal revision petitions arising out of the same FIR.
(2.) FIR was lodged on the complaint of PW1 Suchint Kumari by alleging theft by breaking into the room of her son Vijay Mahajan and to have stolen the gold ornaments. It is contended that the case of the prosecution to the effect that recovery of stolen property was effected from the petitioners, is based on disclosure statements allegedly made by them. Learned Chief Judicial Magistrate rightly acquitted them under Ss. 457 and 380 IPC but went in error in recording the conviction under Sec. 411 IPC. There is no evidence on record that from where the petitioners and co-accused had purchased the stolen property. None of the prosecution witnesses stated in this regard. There was delay on the part of the complainant in reporting the matter to the police, which has not been taken into consideration. Various discrepancies in the statements of the witnesses have not been noticed.
(3.) I have considered the submissions of learned counsel for both the sides and have also gone through the case files carefully.