Joymalya Bagchi, J. - (1.) The Appellant has been convicted for commission of offence punishable under Section 392 of the Indian Penal Code and directed to suffer rigorous imprisonment for ten years and to pay a fine of Rs.2,000/-, in default, to suffer rigorous imprisonment for six months more.
(2.) The prosecution case against the appellant is that on 8.11.2004 at about 9.45 p.m. while the defacto complainant, Dola Roy (P.W.1) was in her bedroom, four unknown persons aged about 25 to 40 years knocked the main door of their house for collecting subscription and when her brother, Aloke Roy opened the door, they entered the room and thereafter forcibly took the key of the almirah and after opening the almirah looted away various articles including ornaments kept in a polythene bag inside the almirah. She lodged the first information report wherein she stated that she could identify the miscreants, if shown to her.
(3.) In the course of investigation the appellant along with co-accused persons were arrested and the appellant was identified in the course of T.I. parade. Stolen articles were also recovered from his possession in the presence of independent witnesses. Charges were framed under Sections 395/412 of the Indian Penal Code against the appellant and four other accused persons.;