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2001 Supreme(Bom) 566

K.K.BAAM
Anil @ Vishwasrao Prabhakar Naik – Appellant
Versus
State – Respondent


JUDGMENT - Smt. K.K. BAAM, J.:---The applicant/accused No. 1 has filed this criminal revision application challenging the judgment of the Sessions Judge, South Goa, Margao, in Criminal Appeal No. 35/99, by which the appeal filed by applicant/accused No. 1 was dismissed.

2. The brief facts pertaining to the cause of action against the accused No. 1 may be narrated as under:---

It is the case of the prosecution that the applicant/accused No. 1 alongwith the other accused Nos. 2, 3, 4 and 5 were charged for having committed theft at St. Alex Waddo, Tilamol, in the house of Smt. Sabina Fernandes by breaking open the latch of the main door and committed theft of T.V., Video and other electronic goods, gold ornaments, cosmetic items, etc. all worth Rs. 1,45,450/- and thereby committed offence punishable under sections 454 and 380, read with section 34 I.P.C.

3. The charge was framed against the accused who pleaded not guilty. The prosecution has examined about 25 witnesses. The accused had denied the fact that they had committed the offence of theft. According to the prosecution, the case of the accused rests mainly on circumstantial evidence by which they have been able to bring the gu













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