1. - The appellant, Banne Singh @ Pahalwan 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 convicted and sentenced him as under:-

U/s. 411 IPC : Three Years rigorous imprisonment and imposed with a fine of Rs. 10,000/-. In default of payment of fine, one months further rigorous imprisonment.

U/s. 413 IPC : Life imprisonment and imposed with a fine of Rs. 10,000/-.

U/s. 14/25(2) AAT Act : Four months rigorous imprisonment.

(All the sentence are to run concurrently)

2. However, the learned Judge has acquitted him of offences under Sections 379/120B, 413/120B, 414, 414/120B and 401 IPC and for offences under Sections 3/25(1) and 5/25(2) of the Antique & Art Treasure Act, 1972 (AAT Act, for short).

3. 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 present appellant; they were against other persons. While investigating these two FIRs, the police discovered that allegedly there was a gang 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 epicentre of their nefarious activities. In order to carry out an extensive investigation with regard to these activities, Mr. Anand Srivastava, the Superintendent of Police, Jaipur City (North), constituted a team of investigators. The team kept surveillance over the alleged offenders.

4. On 6.6.2003, Ram Singh (P.W. 76), the SHO, P.S. Vidyadhar Nagar, received secret information that four persons were discussing the sale of antique statues at Ganesh Park, which fell under the jurisdiction of his police station. Immediately, a team of policemen reached the park; they found four persons sitting behind a tree. Mr. Chandra Purohit, S.I. (P.W. 58) eavesdropped on their conversation. He heard them talking about buying and selling of antique statues and artifacts. The police surrounded and searched these four persons. While searching Banne Singh, the police recovered two photographs of antique sculptures (Articles 34 and 35); while the first photograph was that of a statue of Lord Shiva and Goddess Parvati, the second photograph was that of a Lion. These two photographs were recovered by Recovery Memo (Ex. P. 16). The police also recovered the motorcycle which belonged to Banne Singh, by Ex. P. 18. Since the other co-accused persons, from whom antique sculptures were allegedly recovered, could not show any proof of ownership, all the four persons, including the present appellant, were arrested. Upon returning to the Police Station, Ram Singh (P.W. 76) registered a formal FIR, namely FIR No. 146/2003 for offences under Section 379, 411, 401 IPC, and for offences under Sections 5, 14/25(2) of the AAT Act.

5. During the course of investigation, on 6.6.2003, Banne Singh allegedly made a statement (Ex. P. 1110) under Section 27 of the Evidence Act to Ram Singh (P.W. 76). He told Ram Singh that he has kept twelve antique statues at his residential house in his village Rudhapura, District Karauli. In pursuance of this statement, Richhpal Singh Jhakhar (P.W. 1) took Banne Singh to his village and recovered, from his house and farm, twelve statues, namely one statue of the Boar incarnation of Lord Vishnu (Varah Avtar), two statues of Lion, one statue of a Jain Devi, two statues of Sursundari (woman indulging in wine drinking), one statue of Bhairav (an image of Lord Shiva), one statue of Shiva and Parvati, and another idol of Lord Shiva and Parvati in standing position. These statues were recovered by Ex. P.44; the Site Plan was also drawn as Ex. P. 45. During the trial, these statues were marked as Article 442 to 453.

6. During further investigation, it was discovered th