JUDGMENT :

[Rakesh Mohan Pandey, J.]

The appeal is heard on admission.

1. This appeal has been preferred by the State against the judgment of acquittal dated 29.04.2009 passed by the learned Eighth Additional Sessions Judge, F.T.C., Raipur in Sessions Trial No. 233 of 2006, whereby the respondents/accused persons have been acquitted of the charges under Sections 120B, 419, 365 and 395 read with Section 34 of the Indian Penal Code.

2. The case of the prosecution, is that, on 19.03.2006, Pradeep Singh (PW-1) and Jitesh Prajapati (PW-2) stayed in Room No. 305 of Vinayak Hotel, Malviya Road, Raipur and they were carrying Diamond, Ruby and other jewels for sale worth Rs.10,00,000/-. On the same date, at about 10:00 pm, four persons entered into their room. Respondent No.6 – Probir @ Praveer Banerjee impersonated as CBI Officer and they informed the complainant and his companion that they have come for enquiry regarding the smuggling of the diamonds. Thereafter, the complainant and his companion were taken near Kotwali Police Station and all jewels were looted from their possession. On a written complaint (Ex.P/6) of Jitesh Prajapati (PW-2), First Information Report (Ex.P/7) was registered.