- (1.) THIS Government Appeal arises from the judgement of the Additional Sessions Judge, Fast Track Court No. 7, Banda, dated 4.6.2004 acquitting the accused -respondent Shyam Lal under sections 409, 420, 411 and 201 I.P.C. and section 5/13 of the Prevention of Corruption Act.
(2.) WE have heard Sri Anand Tiwari, learned A.G.A. for the State -appellant and Sri V.S. Parmar, learned counsel for the accused -respondent.
(3.) THE prosecution case was based on a report (Ext Ka -1) lodged by Godhani Devi, (P.W.1) on 9.9.1994 at 2.30 p.m. at P.S. Kamasin, Banda, alleging that on 30.8.1994, she had been sanctioned a loan of Rs.15000/ - in her favour. However, she had been given an amount of Rs.7000/ - as the first instalment. When she was proceeding to her home, the accused -respondent snatched her bag outside the post office, and issued threats to her. Bhaiya Lal and Vijai Singh were also present at that time. Initially, the F.I.R. was lodged under section 392 IPC at Case Crime No. 187 of 1994 by Shishu Pal Singh, P.W. 5, the Investigating Officer. In her evidence in Court P.W. 1 Smt. Godhani deposed that on the date of incident she was to be paid Rs.7000/ -, but she was only given Rs.4000/ - as Rs.3000/ - had been snatched from her. She further stated that she had received Rs.7000/ - at about 2 p.m. on the first date of incident, and when she was passing the Post Office, then the accused -respondent snatched her bag. The day after she lodged her F.I.R., the Police Officer had caught hold of the accused -respondent in front of the house of Dr. Jagat Narain. At that time he recovered Rs.3000/ - from Smt. Godhani and also from the witnesses and the accused. In all, he recovered Rs.15,000/ - which was mentioned in the recovery memo, (Ext. Ka -2).;