U T CHANDIGARH Vs. MANGA

JUDGEMENT

(1.) UNION Territory of Chandigarh has preferred this appeal impugning judgment dated 02.06.2014 passed by the learned Additional Sessions Judge, Chandigarh acquitting respondent Manga son of Tej Pal of the charge framed against him for offence punishable under Section 413 IPC.

(2.) FIR No.55 dated 21.02.2014 was registered under Sections 411/413 IPC at police station Sector 26, Chandigarh on a complaint (Ex.P1) made by Pawan Kumar son of Gagan Saran. Complainant Pawan Kumar stated that he had parked his motorcycle bearing registration No.CH04 -B -4864 Bajaj Platina near the market of Sector 27, Chandigarh at about 9.00 a.m. on 17.02.2014. On returning from the market at about 11.00 a.m., he found his motorcycle to be missing. He searched for it but could not locate the same. Thereafter, the abovesaid FIR was registered.

(3.) ASI Balbir Singh in the course of investigation laid a Naka (barricade) on 22.02.2014 near St. Kabir Public School, Sector 26, Chandigarh. Complainant Pawan Kumar present at the spot alongwith the police officials pointed out his motorcycle being brought by one boy, who on seeing the police, tried to escape but was apprehended. He revealed his name to be Manga son of Tej Pal i.e., respondent -accused. Respondent -accused was arrested on his failure to give a satisfactory explanation about his possession of the motorcycle. The said motorcycle was taken in possession by the police vide memo Ex.P3.