R.S. CHAUHAN J.

1. The appellant, Vaman Narain Ghiya, 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 month's further rigorous imprisonment.

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

U/s. 3/25(1) AAT Act Three years' rigorous imprisonment and imposed with a fine of Rs. 50,000/-. In default of payment of fine, two months further rigorous imprisonment.

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

(All the sentences are to run concurrently)

2. The learned Judge has, however, acquitted the appellant for offences under Sections 379/120B, 413/120B, 414, 414/120B, 401 IPC and for offences under Sections 5/25(2) of the Antiquities and Art Treasures Act, 1972 (for short, 'the AAT Act').

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 Sec