(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present application is for leave to prefer an appeal with the criminal appeal against the judgment and the order passed by the learned Sessions Judge in Sessions Case No.70 of 2010; whereby, the learned Sessions Judge has acquitted the accused for the offence under Sections 457, 380, 413 and 114 of Indian Penal Code (IPC).
We may record that pursuant to the query raised by the Court, learned APP had declared before the Court that as per the decision taken by the Legal Department of the State Government, communicated to him vide letter dated 2.2.2012, judgment and the order of the learned Sessions Judge in Sessions Case No.70 of 2010 has been accepted and therefore, the State would not prefer the appeal.
Since the present application and the appeal is by one of the Trustees of the Trust, we have heard Mr.Modi learned counsel appearing for the applicant. We have considered the judgment and reasons recorded by the learned Sessions Judge. We have also considered the evidence of the Sessions Case which was made available by the learned counsel for the applicant during the course of the hearing.
It appears that there was no documentary evidence produced on behalf of the Trust or by the prosecution for showing the possession of the ornaments which were stated to have been stolen. There is no recovery of ornaments in its original position from any of the accused nor there is any identification of the spot, by pointing out panchnama, the place where the accused converted the ornaments into silver ingots. The sale by the accused is of silver ingots only and the recovery is also in the form of the silver ingots; wherein, the identity of the ornaments could not be said to have been proved.
Under these circumstances, learned Sessions Judge has taken the view that the prosecution has not been able to prove the case beyond the reasonable doubt, such cannot be said to be an error committed by the learned Sessions Judge.
Under the circumstances, leave does not deserve to be granted. Therefore, not granted. Application disposed of accordingly.
Criminal Appeal No.128 of 2012 In view of the order passed in the above referred application for leave to prefer an appeal, Criminal Appeal against the order of acquittal would not survive and stands disposed of accordingly.
(JAYANT PATEL, J.) (PARESH UPADHYAY, J.) (ashish) Top