STATE OF RAJASTHAN Vs. VAMAN NARAIN GHIYA

JUDGEMENT

(1.) THE State of Rajasthan 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 acquitted the accused -respondents as under: -

(2.) ON 6.6.2003, Ram Singh (P.W. 76), the SHO, P.S. Vidyadhar Nagar, received a secret information that four persons were discussing the sale of antique statues at Ganesh Park, which fell under the jurisdiction of his police station. Immediately, a team of policemen reached the park. They found four persons sitting behind a tree. Mr. Chandra Purohit, S.I. (P.W. 58) eavesdropped on their conversation. He heard them talking about buying and selling of antique statues and artifacts. The police party surrounded and searched the four persons. From their search, the police not only recovered antique statues, but also discovered photographs of antique sculptures. From the accused respondent No. 2, Banne Singh, the police recovered two photographs of antique sculptures. It seized the statues and the photographs, and a motorcycle belonging to the accused respondent No. 2. The four persons were arrested. Upon returning to the Police Station, Ram Singh (P.W. 76) registered a formal FIR, namely FIR No. 146/2003 for offences under Section 379, 411, 401 IPC, and for offences under Sections 5, 14/25(2) of the AAT Act.

(3.) AS far as accused respondent No. 2 is concerned, during the course of investigation, on 6.6.2003, he allegedly made a statement (Ex. P. 1110) under Section 27 of the Evidence Act to Ram Singh (P.W. 76). He told Ram Singh that he has kept twelve antique statues at his residential house in his village Rudhapura, District Karauli. In pursuance of this statement, Richhpal Singh Jhakhar (P.W. 1) took Banne Singh to his village and recovered, from his house and farm, twelve statues. These statues were recovered by Ex. P.44; the Site Plan was also drawn as Ex. P. 45. During the trial, these statues were marked as Article 442 to 453.