R.S.CHAUHAN, J. - (1.) THE appellant, Vaman Narain Ghiya, 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 convicted and sentenced him as under: - U/s.411 IPC Three years' rigorous imprisonment and imposed with a fine of Rs.10,000/ -. In default of payment of fine, one month's further rigorous imprisonment. U/s.413 IPC Life imprisonment and imposed with a fine of Rs.10,000/ - . U/s.3/25(1) AAT Act Three years' rigorous imprisonment and imposed with a fine of Rs.50,000/ -. In default of payment of fine, two months further rigorous imprisonment. U/s.14/25(2) AAT Act Four months' rigorous imprisonment. (All the sentences are to run concurrently)
(2.) THE learned Judge has, however, acquitted the appellant for offences under Sections 379/120B, 413/120B, 414, 414/120B, 401 IPC and for offences under Sections 5/25(2) of the Antiquities and Art Treasures Act, 1972 (for short, 'the AAT Act'). According to the prosecution, in the year 2002, two FIRs, namely FIR No.128/02 and FIR No. 142/02 were registered at Police Station Vidyadhar Nagar, Jaipur City (North) for offence under Section 411 IPC. These FIRs were not registered against the present appellant; they were against other persons. While investigating these two FIRs, the police discovered that allegedly there was a gang of thieves operating in Rajasthan and Madhya Pradesh which was indulging in stealing antique sculptures and artifacts, and in exporting and selling them abroad. It was also discovered that Jaipur is the epicenter of their nefarious activities. In order to carry out an extensive investigation with regard to these activities, Mr. Anand Srivastava, the Superintendent of Police, Jaipur City (North), constituted a team of investigators. The team kept surveillance over the alleged offenders.
(3.) ON 6.6.2003, Ram Singh (P.W.76), the SHO, P.S. Vidyadhar Nagar, received secret information that four persons were discussing about 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 called for two independent witnesses, namely Suresh Kumar Agrawal (P. W. 15) and Shankarlal (P.W. 10). The police searched the four persons. From their search, the police not only recovered antique statues, but also discovered photographs of antique sculptures. It seized the statues and the photographs, and a motorcycle belonging to one of the four persons, namely Banne Singh. 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.;