STATE OF HIMACHAL PRADESH Vs. VIPIN KUMAR

JUDGEMENT

(1.) THIS is an appeal filed by State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment of the court of learned Additional Sessions Judge(II), Kangra at Dharamshala, dated 3.5.2003, vide which he acquitted the respondent of the conviction imposed by the learned trial Court upon the respondent for the offence under Sections 454, 380 and 511 IPC.

(2.) BRIEFLY stated, the facts of the case are that in the evening of 18.12.2001, at about 5.30 p.m., when the complainant Sheel Sharma, PW -4, came back to her house near GPS, Dari, she found a boy standing in front of the door of her house. When she reached near her house, the said boy fled away from the spot and thereafter, she found the kunda of her main door with lock lying on the ground. She raised an alarm 'Chor -Choor Pakdo Pakdo'. Rakesh Kumar and Roni Pradhan, inhabitants of the area, came to the spot, who apprehended the said boy by chasing him. The said boy disclosed his name as Vipin Kumar, respondent. On opening of the door, the complainant found that nothing was stolen from her house. She reported the matter to the police and on investigation, it was found that Vipin Kumar was accompanied by two other persons, who were also made accused and after investigation, the challan was filed before the learned trial Court. The learned trial Court framed the charge as against the respondent and other two persons under Sections 454, 380 read with Section 34 and 511 of the IPC. The respondent and two other accused were tried by the learned trial Court and the learned Judicial Magistrate Ist Class (I), Dharamshala, vide his judgment dated 1.11.2002, held the respondent guilty and convicted and sentenced him under Sections 454 and 511 IPC as under:

(3.) WE have heard Mr.Rajesh Mandhotra, learned Deputy Advocate General for the appellant -State and Ms.Vidushi Sharma, Advocate, for the respondent, and have gone through the record of the case.