- (1.) The State is aggrieved by the judgment dated 28.09.2006 passed by the District & Sessions Judge, Jaisalmer, whereby the learned Judge has acquitted the accused-respondent, for offences under Sections 457 and 380 IPC and quashed and set aside the judgment passed by the learned Chief Judicial Magistrate dated 20.06.2005.
(2.) Briefly, the facts of the case are that on 29.12.2002, Bhuraram (P.W.5) had submitted a written report before the Police Station Sam, wherein he had claimed that he is living in Megwalon Ki Basti and he has another house in Sam which is under lock and key. He further claimed that in that house he had kept Rs.90,000/- at one place, and Rs.20,000/- to Rs.25,000/- at another place. According to him, on 28.12.2002, he had locked the house at night and gone away. However, someone entered the house and committed not only theft of the money, but more so, theft of silver and gold ornaments which were kept in the house. On the basis of this report, a FIR for offences under Sections 457 and 380 IPC was chalked out.
(3.) Subsequently, in order to support its caes, the prosecution examined twelve witnesses and submitted eleven documents. The defence neither examined any witness, nor submitted any documents. After going through the oral and documentary evidence, vide judgment dated 20.06.2005, the Chief Judicial Magistrate, Jaisalmer had convicted the accused respondent for the said offences.;