BANNE SINGH @ PAHALWAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant, Banne Singh @ Pahalwan has challenged the judgment dated 20.11.2008 passed by the Additional Sessions Judge (Fast Track) No.1, Jaipur City, Jaipur whereby the learned Judge has convicted and sentenced him as under:- <FRM>JUDGEMENT_26_TLRAJ0_2014_1.html</FRM>

(2.) However, the learned Judge has acquitted him of offences under Sections 379/120B, 413/120B, 414, 414/120B and 401 IPC and for offences under Sections 3/25(1) and 5/25(2) of the Antique & Art Treasure Act, 1972 (AAT Act, for short).

(3.) According to the prosecution, in the year 2002, two FIRs, namely FIR No.128/02 and FIR No. 142/02 were registered at Police Station Vidyadhar Nagar, Jaipur City (North) for offence under Section 411 IPC. These FIRs were not registered against the present appellant; they were against other persons. While investigating these two FIRs, the police discovered that allegedly there was a gang operating in Rajasthan and Madhya Pradesh which was indulging in stealing antique sculptures and artifacts, and in exporting and selling them abroad. It was also discovered that Jaipur is the epicenter of their nefarious activities. In order to carry out an extensive investigation with regard to these activities, Mr. Anand Srivastava, the Superintendent of Police, Jaipur City (North), constituted a team of investigators. The team kept surveillance over the alleged offenders.