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1992 Supreme(Ori) 191

S.K.MOHANTY
SANTANU KUMAR DAS – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
Devasis Panda, for the Appellant; Additional Government Advocate, for the Respondent

JUDGMENT :

S.K. Mohanty, J. - Judgment of conviction for an offence u/s 411, IPC and sentence of three months rigorous imprisonment imposed on the petitioner by Judicial Magistrate, First Class, Bissam Cuttack and confirmed by Additional Sessions Judge, Koraput, is under challenge in this revision.

2. Prosecution story in brief, is that the informant. (PW 3) runs a video hall at Muniguda. On the night of 20-8-1985 his son closed the video hall and returned home. In the morning of 21-8-1985 when the informant opened the video ha!! he found his VCR and remote controls worth Rs. 18,000/-missing. He then lodged FIR at Muniguda P.S. The above articles were seized by the police from the studio house of the accused petitioner on 22-8-1985. One Bibhisan who was serving in the video hall of the informant along with the present petitioner were charged for various offences with regard to the said articles. The learned Judicial Magistrate acquitted Bibhisan but convicted and sentenced the petitioner as above.

3. Perused the impugned judgments and the evidence recorded by the trial Court and heard the learned counsel for the petitioner and learned Additional Government Advocate.

4. The evidence led



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