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2014 Supreme(Raj) 787

R.S.CHAUHAN, VEERENDR SINGH SIRADHANA
State of Rajasthan – Appellant
Versus
Vaman Narain Ghiya – Respondent


Advocates:
For the State: Ajay Kumar Bajpai and Sarfaraz Haider Khan SPP.
For the Accused-Respondent No.1:Vivek R. Bajwa with Snehdeep Khyaliya, Advocate.
For the Respondent:Vaman Narain Ghiya, Advocate.
For the Accused-Respondent No.2:Sajjan Raj Surana, Senior Advocate with K.K. Chhawal, Banne Singh @ Pahalwan, Advocate.

JUDGMENT

1. - The State of Rajasthan has challenged the judgment dated 20.11.2008 passed by the Additional Sessions Judge (Fast Track) No.1, Jaipur City, Jaipur whereby the learned Judge has acquitted the accused-respondents as under:-

Vaman Narain Ghiya (Accused Respondent No.1) 379/120B, 413/120B, 414, 414/120B and 401 IPC and for offences under Section 5/25(2) of the Antique & Art Treasure Act, 1972 (the AAT Act, for short).

Banne Singh @ Pahalwan (Accused Respondent No. 2) 379/120B, 413/120B, 414, 414/120B and 401 IPC and for offences under Sections 3/25(1) and 5/25(2) of the AAT Act.

2. According to the prosecution, in the year 2002, two FIRs, namely FIR No.128/02 and FIR No. 142/02 were registered at Police Station Vidyadhar Nagar, Jaipur City (North) for offence under Section 411 IPC. These FIRs were not registered against the accused respondents; they were against other persons. While investigating these two FIRs, the police discovered that a gang was operating in Rajasthan and Madhya Pradesh which was indulging in stealing antique sculptures and artifacts, and in exporting and selling them abroad. It was also discovered that Jaipur is the center of their nefarious activities.
























































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