SHARMA, J. - (1.) THE State of Rajasthan has preferred this appeal against the judgment dated 26. 6. 1997 passed by learned Addl. Civil Judge (Jr. Div.) and Judicial Magistrate No. 14, Jaipur City, Jaipur, in Criminal Case No. 367/1996 by which the accused-respondent has been acquitted from the offence under Sections 457 and 380 IPC.
(2.) BRIEF facts of the case are that Shiv Dayal (PW-2) submitted a report before the Police Station Manak Chauk on 12. 8. 1996 alleging therein that silver Jewelery and Kalingi of God and other goods have been taken away by way of committing theft and stated that list of the same would be given later on. Upon the said report the police registered the case for the offence under Section 457 and 380 IPC. After investigation the police has filed challan against the accused-respondent before the Additional Civil Judge (Jr. Div.) and Judicial Magistrate No. 14, Jaipur (Jr. Div.) and Judicial Magistrate No. 14, Jaipur City, Jaipur and the learned trial Court has framed charge against the accused respondent for the offence under Sections 457 and 380 IPC. The charges were read over and explained to the accused-respondent, but he pleaded not guilty and claimed for trial. During trial the prosecution in support of its case examined as many as 15 witnesses and got exhibited some documents. Thereafter the statements of the accused-respondent under Section 313 Cr. P. C. were recorded. After hearing both the sides, the learned trial Court vide its judgment dated 26. 6. 1997 acquitted the accused-respondent from the offence charged against him. Aggrieved from the aforesaid order and judgment of the learned trial Court dated 26. 6. 1997, the State of Rajasthan has preferred this appeal. In this appeal, it has been submitted by Shri B. N. Sandu, the learned Public Prosecutor that the learned trial Court has not considered the statements of the prosecution witnesses properly and without appreciating the prosecution witnesses acquitted the accused-respondent from the charge framed against him. He stated that the theft took place in the temple by the accused respondent. He further submitted that the articles which were taken away by the accused respondent, were also recovered form his possession and the same were identified by Shiv Dayal (PW 2) before the learned Magistrate and even than the trial Court has not considered the aforesaid circumstances. He further contended that there is corroboration in the statements of the prosecution witnesses and thus, the impugned judgment and order dated 26. 6. 1997 is erroneous one and should be quashed and set aside.
(3.) ON the other hand, the learned counsel Shri Rinesh Gupta appearing on behalf the accused-respondent has submitted that the learned trial Court has rightly appreciated the evidence of the prosecution witnesses and after appreciating the prosecution witnesses the learned trial Court has rightly acquitted the accused respondent. He has contended that from the statements of prosecution witnesses namely; Vijay Shankar (PW. 3), Ramavtar (PW. 7), Hari Shankar (PW. 8) and Prem Pandey (PW. 9) were declared hostile. He submitted that no original Rapat Rojnamcha has been produced and there are major contradictions in the statements of prosecutions witnesses and in the alternative he urged that the accused respondent has remained in judicial custody from 17. 8. 1996 to 23. 9. 1996. He also submitted that the occurrence related to 12 years back from today and no interference is required with the impugned judgment and order of the learned trial Court in this appeal. He has also contended the accused respondent facing mental agony and trial from last 12 years which is tantamount to a punishment. I have heard learned Public Prosecutor as well as the learned counsel for the accused-respondent and also gone through the record of the case. After analysing the entire material on record, I am of the view that the prosecution has been able to prove the charges against the accused respondent beyond the shadow of all reasonable doubts. So the conviction of the accused respondent is maintained. ;