STATE OF RAJASTHAN Vs. PAPPAN @ AKHLESH & ORS.

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal against the judgment dated 15.01.2004 passed by The learned Additional Chief Judicial Magistrate, No. 3, Kota in Sessions Case No. 760/2002 by which he has acquitted the accused respondents from the offence under Sections 379, 411 IPC by giving them benefit of doubt.

(2.) Brief facts of the case are that on 28.08.2002 complainant Mohd. Saleem submitted a written report Ex.P/6 in which he has stated that on 26.08.2002 at about 11 PM in the night he parked his Motor Cycle bearing No. RJ 20 11 M 1147 in the front of his house but in the morning he saw that his Motor Cycle was not there where he has parked ultimately he lodged the First Information Report in the Police Station.

(3.) Upon the said report, the police has registered the case No. 123/2002 under Section 379 IPC and started the investigation. After investigation the police filed a challan against the accused-respondents for the aforesaid offence before the Court of learned Additional Chief Judicial Magistrate, No. 3, Kota. Thereafter, the learned Magistrate has framed the charge for the offence under Sections 379, 411 IPC against the accused-respondents which were read over and explained to the accused-respondents who pleaded not guilty and claimed trial.