STATE OF H.P. Vs. HARBILAS

JUDGEMENT

(1.) RESPONDENTS Harbilas and Mohammed Shaffi were charged with and tried for offences punishable under Sections 458 and 382 IPC, for allegedly breaking into the house of Smt. Punni Devi and extorting one camera, one locket of silver, one pair of Panjeb of silver, one woolen coat, woolen sheets, currency notes of Rs.1,000/-, coins of Rs.150/-, one golden nose-pin filled with seven gems and one torch, on the night intervening 18th and 19th March, 1987.

(2.) TRIAL Court convicted the respondents for offence punishable under Section 382 IPC and sentenced them to undergo rigorous imprisonment for 1 1/2 year and fine of Rs.500/- each. Respondents went in appeal to the Sessions Court. Accepting the appeal, the Sessions Court acquitted the respondents. State has come in appeal to this Court against the judgment of the Sessions Court.

(3.) PROSECUTION sought to connect the two respondents with the commission of the offence by proving certain disclosure statements made by them, leading to the recovery of some of the stolen items. Sessions Court has disbelieved the evidence pertaining to the alleged disclosure statements, under Section 27 of the Evidence Act, and recovery pursuant to those statements.