JUDGMENT :- The appellant has been convicted by the learned Ad-hoc Additional Sessions Judge-1, Nagpur for the offences punishable under Sections 452 and 395 of the Indian Penal Code. He has been sentenced to suffer R.I. for 10 years and to pay a fine of Rs.3000/-, in default S.I. for six months for the offence punishable u/s. 395 of the I.P.C. He has been sentenced to suffer R.I. for five years and to pay a fine of Rs.1000/-, in default, S.I. for three months for the offence punishable u/s 452 of the I.P.C. The incident in question had occurred on 16th February, 2004 when the appellant and the accused nos.1, 2, 3 and 5 had allegedly committed criminal trespass at the house of PW 1- Dayaldas Dhanrajani and had committed dacoity in respect of cash and jewellery worth about Rs.41,000/-. The matter was, however, not reported to police. The matter was reported to police on 12th July, 2004 i.e. after about five months. The F.I.R. came to be registered only after the arrest of accused nos. 3 and 4 who have been acquitted by the trial Court. It is the case of the prosecution that when accused nos.3 and 4 were in custody in connection with some other case, the involvement of the said accus

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