RAMPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ADMIT the learned counsel for the petitioner and the learned PP. submit that the revision be disposed of at this stage. The learned counsel for the petitioner has argued that from the findings of the Courts below the offence under Section 454 IPC is not made out, and for the offence under Section 380 IPC he should be given the benefit of probation.

(2.) THE facts of the case are that a report was lodged on 23-12-1976 by the complainant Jaldhari stating therein that eighteen days prior to the lodging of the report, some persons committed theft of ornaments from his house after breaking the locks. In the report he made accusation against the petition, as well as, one co-accused Mangal.

(3.) SO far the offence under Sec. 380 IPC is concerned, both the Courts below have held that the petitioner got recovered the ornaments after giving information under Section 27 Indian Evidence Act and that the said ornaments belonged to the complainant. The findings of the courts below with regard to the offence of commission of theft is, therefore, based on evidence and I do not find that any illegality has been committed by the Courts below in convicting the petitioner under Section 380 IPC. The conviction of the petitioner under Section 380 IPC is, therefore, maintained.