RAMLAL Vs. STATE

JUDGEMENT

(1.) This revision, through jail, has been filed by the petitioner against the order of the Sessions Judge, Bikaner, dated Feb. 22, 1988, confirming the conviction and sentence of the petitioner for the offence under Sec. 380 Penal Code to two years RI and a fine of Rs. 1000.00 and in default of payment of fine to 6 months further SI passed by the Judicial Magistrate No. 2 Bikaner, the judgment dated July 22, 1987. The learned Sessions Judge, however, acquitted the accused for the offence under Sec. 457 IPC.

(2.) The case relates to the incident of theft which took place at Bharat Metal & Iron Works, Bikaner, on Nov. 10, 1986. There is no direct evidence of the theft and the case against the accused depends on the recovery of 10 coins (silver) and a cash of Rs. 1000.00. Even if the recovery is held proved, the prosecution has failed to establish that the silver coins and the cash recovered from the accused was part of the stolen property alleged to have been taken away from the Bharat Metal & Iron Works, Bikaner.

(3.) In my view, the prosecution has failed to prove that the accused committed theft of the articles, alleged by the prosecution.