STATE OF RAJASTHAN Vs. KARALASHANKER

JUDGEMENT

(1.) THIS appeal has been filed by the State against the order of the learned Judicial Magistrate, Abu Road whereby he has acquitted the accused of the offence u/ss. 380 and 457 I. P. C.

(2.) BRIEF facts giving rise to this appeal are that one Shyamlal, lodged a report at the Police Station Abu Road with the allegation that he went to Ajmer on 25-4-80 on official duty and returned on 26. 4. 80 and found that lock of his house was broken but at that time he could not visualise the loss but when his wife and children returned on 30. 4. 80,- thereupon it was found that four gold bangles weighing one tola each, one golden ring weighing 1/2 tola, one golden paddel, golden tops and currency u/ss. 380,457 and started investigation. The accused Kamlashanker was arrested on 5. 5. 80. After completion of usual investigation, police submitted a challan before learned trial court. The accused pleaded not guilty and claimed trial. The prosecution in support of its case examined 14 witnesses. Statement of the accused u/s 313 Cr. P. C. was recorded but no witness was produced in defence by him. The learned Magistrate after conclusion of the trial acquitted the accused of the offence u/ss. 457 and 380 IPC. Aggrieved by this judgment the State has preferred leave to appeal which was granted on 31. 7. 85. Hence, this appeal.

(3.) I have considered the submissions of Mr. Bhupendra learned Public Prosecutor has not controverted these facts. Admittedly the accused has remained for some time in jail and the incident is of 1980, so, no useful purpose will be served if the accused is now sent to jail. Under these circumstances, in my opinion, the ends of justice would meet, if the petitioner is awarded sentence already undergone by him.