The importance of independent corroboration, establishing ownership of stolen articles, and timely and credible complaints in proving criminal cases.

JUDGMENT

T.P.S. Mann, J. (Oral) - Five accused, namely, Sham Singh, Rajbir @ Gadar, Hans Raj, Satnam and Zile Singh were tried for committing the offences punishable under Sections 457, 380, 436 and 411 IPC. Vide impugned judgment and order dated 3/6.10.2006, learned Additional Sessions Judge, Hisar, acquitted them of the charges under Sections 457, 380 and 436 IPC. However, they were convicted under Section 411 IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 2,000/- each and in default of payment of fine, to undergo further simple imprisonment for two months. The period already spent by them in jail was directed to be set off against their substantive sentence of imprisonment.

2. Aggrieved of their conviction and sentence, Sham Singh and Hans Raj filed the present appeal, i.e. Criminal Appeal S-2157-SB of 2006 whereas Rajbir @ Gadar filed connected appeal, i.e. Criminal Appeal S-2290-SB of 2006. However, no appeal was filed by Satnam and Zile Singh.

3. As both the aforementioned appeals arise out of the same judgment of conviction and sentence, they are being disposed of by a common judgment.

4. According to the prosecution, on 3.8.2002 complainant Mohar Singh made a statement before the police on the basis of which FIR No. 114 dated 3.8.2002 under Sections 457, 380 and 436 IPC was recorded. The said statement when translated into English reads as under:-

"That I am resident of village Bhairi Akbarpur. I am an agriculturist by profession. I have installed a disc in one room of my house. On 14.9.2001, I had gone to my relations due to some personal work. None was present at my house on that day and the house was duly locked. I came back on 15.9.2001 and found that lock on the door of my house was broken. I also noticed smoke in the windows. I peeped inside and saw that my V.C.R. Panasonic, one TV Samsung 20'', one remote control and stabilizer, some video cassettes and about Rs. 200/- or 300/- were stolen. Some clothes, implements of disc and one table were found in a burnt condition. I tried to search for the culprits and now I am sure that my articles were stolen by Rajbir @ Gadar son of Ruli Ram, Sham Singh son of Mewa Singh, Satnam Singh son of Prem Singh, Zile Singh @ Gogna son of Ranjit and Hans Raj son of Hari Singh, all Harijans, residents of Bhairi Akbarpur. They had broken the lock of my house and committed theft and burnt some of the articles".

5. During the investigation of the case, the police took into possession burnt articles. All the five accused were arrested on 6.8.2002 and on the basis of their respective disclosure statements, various articles which had been stolen, were recovered. Offence under Section 411 IPC was added to the FIR.

6. Upon completion of investigation and commitment of the case, all the accused were charged for the aforementioned offences, to which, they pleaded not guilty and claimed trial.

7. In support of its case, the prosecution examined seven witnesses.

8. PW1 Subhash Chand Draftsman deposed that he visited the spot and prepared the scaled site plan Ex.PA with correct marginal notes as pointed out by Mohar Singh complainant.

9. PW2 Mohar Singh complainant deposed about theft from his house and proved complaint Ex.PB made by him to the police. He also deposed that the police took into possession six receivers, six ACM, one combiner, one VCD converter, three amplifiers in burnt condition vide recovery memo Ex.PC.

10. PW7 Inspector Bimla Devi testified that on 6.8.2002, she interrogated accused Zile Singh, Rajbir, Sham Singh and Satnam Singh and they had suffered disclosure statements Ex.PR, Ex.PS, Ex.PT and Ex.PU, respectively and had signed the same.

11. She further stated that on 8.8.2002 Zile Singh accused suffered another disclosure statement Ex.PD and got recovered stolen articles, i.e. two cassettes Ex.P19 and Ex.P20 from his residential house, which were taken into possession vide memo Ex.PE, which was attested by Constable Ishwar Singh an