This revision arises against judgment of learned Additional District and Sessions Judge, Fast Track Court, Tirupattur, passed in C.A.No.20 of 2010 on 28.02.2011 confirming the judgment of learned Judicial Magistrate IV, Tirupattur, passed in C.C.No.237 of 2005 on 30.03.2010.
2. Prosecution case is that petitioner/accused, while working under the de facto complainant as Accountant in his pawn broking shop, committed theft of jewelleries of value Rs.7,00,000/-. A case was registered in Crime No.394 of 2005 on the file of respondent. Upon completion of investigation and filing of charge sheet informing commission of offence u/s.381 IPC, the case was tried in C.C.No.237 of 2005 on the file of learned Judicial Magistrate IV, Tirupattur.
3. Before trial Court, prosecution examined 19 witnesses and marked 15 exhibits and 22 material objects. None were examined on behalf of defence, however, 2 exhibits were marked. On appreciation of materials before it, trial Court, under judgment dated 30.03.2010, convicted petitioner/accused for offence u/s.381 IPC and sentenced him to 2 years R.I. and fine of Rs.3,000/- i/d 3 months R.I. There against, petitioner/accused preferred C.A.No.20 of 2010 on the file of learned Additional District and Sessions Judge, Fast Track Court, Tirupattur, Vellore District, which came to be dismissed under judgment dated 28.02.2011. Hence, this revision.
4. Heard learned senior counsel for petitioner and learned Additional Public Prosecutor.
5. Learned senior counsel for petitioner submitted that PW-1 had spoken to accused being in his employment between 07.03.2003 and 20.06.2005. He had been away for sometime handing over the job of running his shop to revision petitioner. On his return, he had opened his locker on 20.06.2005 and found 82 packets containing of 169 sovereigns gold jewellery missing. PW-1 had preferred the complaint only on 02.07.2005.
6. Nineteen witnesses were examined on the side of prosecution. PWs.2 to 5, pawn brokers, were examined to inform the position that the accused had pledged jewelleries stolen by him with them. PWs.6 and 7 had been examined to speak of their having borrowed monies from the accused and on enquiry having returned the same to the police. PW-8 has been treated hostile. PWs.9 and 10 are witnesses to the observation mahazar and rough sketch. PWs.11 and 12 have spoken to arrest of accused and recovery from him. PW-13, another financier has been treated hostile. PWs.14 and 15 are mahazar witnesses. PW-16, Sub-Inspector of Police, has been examined towards informing registration of the case. PW-17, Inspector of Police, who was in charge of Tirupathur Police Station, took up investigation and effected recovery from PW-13. PW-18 is the Inspector of Police, who filed the charge sheet. PW-19 had, upon registration of the case, arrested the accused and effected recoveries.
7. A bare reading of the evidence of PW-1 sounds the death knell of the prosecution case. PW-1 has spoken to his being in possession of the key to the locker. He has further spoken to his servant, the accused, in his absence, having placed pledged jewelleries in the hands of his wife. This would lead to the inference that the accused had no access to the locker or its contents. It is not the prosecution case that the accused held an additional key to the locker or in any manner tampered there with towards secreting the contents. When so, no amount of recovery of jewelleries allegedly stolen by petitioner would carry forward the prosecution case.
The Criminal Revision Case shall stand allowed. The judgment of learned Additional District and Sessions Judge, Fast Track Court, Tirupattur, passed in C.A.No.20 of 2010 on 28.02.2011 confirming the judgment of learned Judicial Magistrate IV, Tirupattur, passed in C.C.No.237 of 2005 on 30.03.2010, shall stand set aside. Petitioner is acquitted of all charges. Fine, if any, paid shall be refunded. Bail bonds, if any, executed shall stand cancelled.
13.09.2017 Index:yes/no Internet:yes gm To
1.The Additional District and Sessions Judge, Fast Track Court, Tirupattur.
2.The Judicial Magistrate IV, Tirupattur.
3.The Sub-Inspector of Police, Natrampalli, Vellore District.
4.The Public Prosecutor, High Court, Madras.
C.T.SELVAM, J gm Crl.R.C.No.694 of 2011 13.09.2017