Honble JAIN, J.—This appeal u/s. 372 (2) Cr.P.C. is directed against the judgment dt. 30.5.1992 passed by learned Addl. Sessions Judge, Bhilwara whereby he has convicted the appellant Rajesh u/s. 411 I.P.C. read with Sec. 75 I.P.C. and sentenced him to 7 years R.I. and convicted appellant Kailya u/s. 398 read with Sec. 75 I.P.C. and sentenced him to 10 years R.I. in sessions case No.97/90.

(2) Briefly stated the facts of this case are that one Kailashchand lodged an F.I.R. on 14.8.1990 at 1.45 P.M. at P.S. Mandal alleging that when his mother was going to her field, on the way near Panditji-Ka-Kua somebody caught hold her hand and dragged her to nearby lane and sat over her chest and removed three gold Baliyas from her ears and two Kariyas from her feet. Thereupon, a case u/s. 392 I.P.C. was registered and site inspection memo and other exhibits were prepared. The accused-appellants were arrested on 15.8.1990 vide Ex. P.9 and 10 respectively. The test identification parade was held on 22.8.1990 in respect of the appellant Kailya. On the information and at the instance of the accused-appellant Kailya two gold Baliyas and one silver Kariya were recovered vide Ex.P.13 and he also got r

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