( 1 ) NON-APPLICANT No. 1 Jagdish was convicted under Section 457 I. P. C. by the magistrate, 1st Class, Raipur, and sentenced to undergo rigorous imprisonment for one year. A gold bar and two gold rings (Article H) seized from him, vide Ex.-P. 17, were ordered to be restored to the complainant applicant under S. 517 of the code of Criminal Procedure. During the course of the investigation, the non-applicant had made a statement Exh. P. 16 in consequence of which the seized article 'h' was recovered by him. His statement as recorded in the memorandum exh. P. 16 was: ^^esus eksrhyky cstukfk ihjk okys dh pksjh dh gsa f'kon;ky] jkeyky] uugw] [kq[khukfk cq/kjke] brokjh vksj QStw ds lkfk esjs fglls esa dvk gqvk vk/kk dj/ku dk fgllk vk;k Fkka mls nqxkz lqukj ls xyok;k gs vksj xyus ls 2 NYys cu;k;k gwaa 2 NYys vksj ,d Mafm lksuk djhc 4 vaxqy yech vius ?kj ds lekus mls fnokyij ev~vh esa xmk;k gs fydky dj nsrk gwaa**

( 2 ) ON appeal, the Additional Sessions Judge acquitted the accused on the ground that the property discovered was in no way connected with the theft and housebreaking in the house of the complainant. He also observed:

"i have very strong suspicion that the gold d