DEEPAK Vs. STATE

JUDGEMENT

(1.) The petitioner herein is arrayed as accused No.3 in the charge sheet submitted by the respondent/police in respect of the offence punishable under Sections 457, 380 and 411 of IPC.

(2.) The case of the prosecution is, the 1st accused stole the valuables from the residence of the complainant on 25.12.2005. The stolen property was seized under mahazar by the IO from the possession of the petitioner, who was receiver of stolen property. The application filed by the petitioner for discharge was dismissed by the learned Magistrate. In a revision, the Sessions Court allowed his application and he brought the said order to this Court in Crl.R.P. No.1140/2010. This Court allowed the revision petition and remanded the matter for fresh consideration to the Trial Court. Learned Magistrate on rejecting to discharge the petitioner, the Revision Court endorsed the order of the Magistrate and dismissed his revision petition vide order dated 05.04.2014.

(3.) Sri. H.P. Leeladhar, learned counsel for the petitioner submits that assailing the veracity of the investigation conducted submits that two voluntary statements were recorded by the IO on 23.02.2006 and 24.04.2006. In the voluntary statement dated 23.02.2006, Javeed/1st accused has made signature in English whereas in his voluntary statement dated 24.02.2006, he has made signature in Kannada that creates doubt about the genuineness of signature of 1st accused in the alleged voluntary statements. As per prosecution, Javeed was arrested on 23.02.2006, in fact he was illegally detained in the police station from 21.02.2006. Since he declined to meet the illegal demands of the police authorities, he was finally produced before the Court on 25.02.2006 and remanded to the judicial custody with hand cuffings. Petitioner No.1 and his brother were implicated in another case in Crime No.477/2005 on the alleged voluntary statements of the very same Javeed @ Julus. Hence, his mother was compelled to lodge a complaint against police officials before the Commissioner of Police for harassing her sons/petitioner and Lakshmikanth @ Lakshman. This Court ordered probe by CID.