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The circumstances of identification of the accused and the ornaments are not proved beyond a reasonable doubt, hence the accused are acquitted: Bombay High Court.

The Bombay High court on 2nd of August 2022, allowed the acquittal of the appellants after prosecution failed to prove the case against the appellants. This was seen in the case of Imran Shaikh Abdul Sattar Shaikh Vs The State Of Maharashtra (Criminal Appeal No.212 Of 2016) and the judgement was passed by The Honourable Mr. Justice S. V. Kotwal.

FACTS OF THE CASE:

Laxmi Khatate, the public witness was residing at her village and she was alone in the house when three persons entered her house. Her legs were tied by a wire and the three persons snatched the ornaments from her person. They opened the cupboard and took the ornaments and they also took cash of Rs.7,800 and then they went away. She somehow rescued herself and called her neighbour Nayan Shirke and he came there and opened the door. Then she went to the police station and lodged her FIR and the investigation was carried out. During the trial, the Additional Sessions Judge of Khed convicted the three appellants and three other accused were acquitted.

In this appeal, the three appellants are challenging the judgement passed against them which convicted them for the offence punishable under Section 392 read with 34 of the Indian Penal Code and they were sentenced to RI for seven years each and to pay fine of Rs.3000 each, and in default of payment of fine to suffer RI for three months each. They were further convicted for the offence punishable under Section 451 read with 34 of IPC and were sentenced to suffer RI for two years each and to pay fine of Rs.2,000/- each and in default of payment of fine to suffer RI for three months each. These sentences were directed to run concurrently. They were given set-off under Section 428 of Cr.P.C. All the accused, including the present appellants, were acquitted from the charge of commission of offence punishable under Section 395 of the IPC.

JUDGEMENT:

In the judgement, the court said there is not a single circumstance which corroborated the confessional statements and the circumstances of identification of the accused and the ornaments are not proved beyond a reasonable doubt. There is only a cursory reference to the confession in the statements recorded under Section 313 of Cr.P.C and the accused have denied having given such confessions.

The court said, the prosecution has failed to prove its case against the appellants beyond reasonable doubt and, therefore, the appellants deserve to be acquitted.

Hence, the appeal is allowed and the appellants are acquitted from all the charges which they faced in Sessions Case before the Additional Sessions Judge of Khed.

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JUDGEMENT REVIEWED BY TANAV ZACHARIAH.

Click here to view the Judgement.

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