STATE OF RAJASTHAN Vs. SHAKIL & ORS.

JUDGEMENT

(1.) This criminal leave to appeal has been filed by the State while challenging the order dated 30.8.2013 passed by the Additional District and Sessions Judge No. 2 Bhilwara (hereinafter referred to as 'Trial Court') in Sessions Case No. 9/2013 whereby the Trial Court has acquitted the respondents for the offences punishable under Sections 380 and 413 l.P.C.

(2.) The learned Public Prosecutor has argued that ample evidence is available on record to prove that the respondents have committed the offence punishable under Sections 380 and 413 l.P.C., however, the learned Trial Court has grossly erred in acquitting the accused-respondent for the aforesaid offences.

(3.) Per contra, learned Counsel appearing on behalf of the respondents No. 1 to 3 has argued that the prosecution has failed to prove the charges leveled against the respondents as no recovery has been effected from the accused Shakil and Salim and there is no evidence available on record to suggest that the accused Manish has purchased the stolen articles from other accused persons.