STATE OF HP Vs. PAWAN KUMAR

JUDGEMENT

(1.) The present criminal appeal has come-up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted, in reference to the impugned judgment dated 8.5.2000, passed by learned Judicial Magistrate Ist Class (II), Shimla, H.P., in Criminal Case No. 217/2 of 95, acquitting the respondent-accused for the offences, under Sections 454 and 380 IPC, in reference to FIR No. 120/95, Police Station, West Shimla, H.P.

(2.) The prosecution story is that the complainant, resident of Anjli Cottage, Chaura Maidan, Shimla was away from house and had gone to office on 8.5.1995 and while going out, house was locked and keys were handed over to her Whether the reporters of Local Papers may be allowed to see the judgment? neighbour Yashodha Devi. Children of complainant came to home from the school then they made a telephonic call to their mother about 4.00 P.M. that the lock of the house has been broken. After receiving information, complainant rushed to her house and found one golden ring, one Camera Minox with flash, one watch, one walkman worth Rs. 5,000/- were stolen from her house. Complainant enquired about the matter from her neighbour Yashodha Devi, to whom she has handed over keys of her house and came to know that respondent-accused person, during day time, had demanded keys from Yashodha Devi to which Yashodha Devi told respondent-accused that the children of complainant will come back from School about 4.00 P.M. and keys could not be handed over to them only. However, matter was reported to the police on 9.5.1995 about 6.00 P.M. after a day of occurrence and FIR Ext.PW7/A was registered and after investigation, respondent/accused was charged for the aforesaid offence.

(3.) In order to prove its case prosecution examined as many as seven witnesses, namely, PW-1 Sumer Singh, PW-2 Smt. Kamlesh Sharma, PW-3 Smt. Yashodha Devi, PW-4 Dinesh Kumar, PW-5 Hem Raj, PW-6 Desh Bandhu and PW-7 Sharven Kumar, whereas, the respondent-accused through his statement under Section 313 Cr.P.C. denied the prosecution case and examined one DW-1 Kush Kumar in defence.