The prosecution must prove the identity of the accused, the recovery of evidence, and the admissibility of confessional statements beyond reasonable doubt, and a retracted confession must be corroborated.

JUDGMENT :

SARANG V. KOTWAL, J.

1. These three appeals are decided by this common judgment because all these appeals are challenging the same judgment and order passed by the Additional Sessions Judge, Khed in Sessions Case No. 15/2014. The judgment and order was passed on 15.9.2015. Wherever necessary, the appellants are referred by their names or by their original status as accused. In all, six accused faced the trial. Criminal Appeal No. 212/2016 is preferred by the original accused No. 1 Imran Shaih, Criminal Appeal No. 1089/2015 is preferred by the original accused No. 2 Santosh Gurav and Criminal Appeal No. 836/2016 is preferred by the original accused No. 6 Kiran More. Along with these three appellants, three more accused were also tried but they were acquitted. They were accused No. 3 Mahesh Yadav, accused No. 4 Rohit Jadhav and accused No. 5 Mahadev Magar.

2. At the conclusion of the trial, these three appellants were convicted for the offence punishable under Section 392 read with 34 of the Indian Penal Code and 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.

3. Advocate Ms. Ashwini Gaikwad represents the appellant Imran Shaikh. For the other two appellants Shri Veerdhawal Deshmukh is appointed as a Legal Aid Counsel. I have heard both the learned counsel for the appellants and Mrs. Veera Shinde, learned APP for the State of Maharashtra.

4. The prosecution case, in brief, is as follows:

PW-1 Laxmi Khatate was residing at village Pisai, Taluka-Dapoli, District-Ratnagiri. On 25.12.2013, at around 10 a.m., she was alone in the house. Three persons entered her house. Her legs were tied by a wire. They snatched the ornaments from her person. They opened the cupboard and took the ornaments in their custody. They also took cash of Rs.7,800/- and then they went away. She somehow rescued herself and called her neighbour Nayan Shirke. He came there and opened the door. Then she went to the police station and lodged her FIR. It was registered as C.R. No. 95/2013 at Deapoli Police Station. The investigation was carried out. The spot panchnama was conducted on the same day. Different squads were made to trace the accused. It was revealed during the investigation that the accused had used a red coloured Indica Car brought from Mumbai. On 6.1.2014, accused Nos.1, 2 & 3 along with a child in conflict with law were brought to Dapoli police station. On 7.1.2014, accused Nos.4 & 5 were arrested.

5. The car owner brought his car to Dapoli police station on 6.1.2014. Accused Nos.1 to 3 were arrested on 7.1.2014. Accused Nos.4 & 5 were also arrested on the same day. Accused No. 6 was arrested on 12.1.2014. Test identification parade was held on 13.1.2014 to enable the witnesses to identity the suspects. On 16.1.2014, accused No. 2 Santosh Gurav gave a statement that he was willing to show the jeweler at Mumbai to whom he had sold Mangalsutra and ear-chain. He led the police and panchas to a shop at Mumbai. Those two ornaments were produced and seized. On 18.1.2014, accused No. 6 Kiran More gave a statement that he would produce a bugdi which he had kept in the house of his father-in-law. The recovery was effected at his instance. Accused Nos.1 to 5 expressed their willingness to give confessional statements under Section 164 of Cr.P.C. Accordingly those statements were recorded on 21.1.2014. The CCTV footages of Vashi Toll Naka and Mandangad Petrol Pump wer