NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 665 of 2012 • Arjun Lodhi @ Raja S/o Laxman Janghel Aged About 26 Years R/o Ambedkar Nagar, Ghdhiyari Raipur Tah. And Distt. Raipur C.G. Present Address House Of Jagdish Yadav, Siltara, Shikaridera, Ps - Dharseewa, Raipur,, Chhattisgarh ---- Petitioner Versus • State Of Chhattisgarh Through Ps Khamtarai, Distt. Raipur C.G.

---- Respondent CRR No. 690 of 2012 • Arjun Lodhi@ Raja S/o Laxman Janghel Aged About 26 Years R/o Ambedkar Nagar, Gudhiyari Raipur, C.G.Present Address - House Of Jagdish Yadav, Siltara, Shikaridera, Ps - Dharseewa, Raipur C.G. P.O. Dharseewa , Chhattisgarh ---- Petitioner Versus • State Of C.G. Through Ps Khamtarai, Distt. Raipur C.G. P.O.

Khamtari Pin 492001, Chhattisgarh ---- Respondent (Cause title taken from Case Information System)

For Applicant : None For Respondent/State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice

Order on Board

12.06.2024

1. None appeared on behalf of the applicant to press there revisions when the case was called out. The matter being an old one, this Court proceeds to hear the matter with the assistance of learned State counsel.

2. Heard Mr. Malay Jain, learned Panel Lawyer for the non applicant/ State.

3. The applicant has filed these criminal revisions against the judgment and order dated 12.01.2012 passed in Criminal Appeal No. 121/2011 and 122/2011 by the learned 7^th Additional Sessions Judge, Raipur (C.G.), modifying the judgment dated 07.06.2011 passed by the Judicial Magistrate First Class, Raipur (C.G.) in Criminal Case No. 1026/2010, to the effect that so far as conviction and sentence under Section 457 and 380 of the IPC is concerned, the applicant was acquitted from the said charges and so far as Section 411 of the IPC is concerned, the applicant has been sentenced to the period already undergone by him i.e. 321 days of jail sentence and fine of Rs.1000/-, in default of payment of fine, to further undergo additional S.I. for

30 days.

4. The case of the prosecution in brief is that the applicant stole some golden and silver ornaments of Rs.15,000/- from the house of the complainant, namely, Sanjay Sen and further one few electronic devices stolen from the complainant, namely, Governdhan Pal. The complainant lodged FIR at P.S. Khamtarai, after investigation the police has arrested the Revisioner Arjun Lodhi @Raja and co accused Naresh, U/s 457 and 380 of I.P.C. and challan was produced before the trial Court. Revisioner has taken ground that, the report was lodged against unidentified persons and their name was not mention in FI R, the police has arrested them only doubt. The seizure memo witness Sawarmal Joshi and Gopal Singh have given contradictory statement, and the seizer was taken in the house of the revisioner and the signature was taken at police station, Revisioner has filed written argument that, the Sub Inspector B.P. Sahu has inquire this case after 5-6 months about the thief but he could not found then he arrested the revisioner only doubt and police has arrested registered offender only doubt, The police has shown the seized property in police station and taken sign, when the real accused was not arrested by the police they were arrested the accused in pressure, The Investigating officer was not examine before the court. The appellate court has found that, the theft material was found in possession of the accused and there is no documentary proof against the accused that he has stolen the theft property and there is no evidence at the time of incident or just after who has see n the incident, learned court below has acquitted U/s 380, and U/s 457 of I.P.C. and convicted him under Section 411 of I.P.C 321days simple imprisonment and fine of Rs. 1,000/- in default of payment next S.I. 30 days. He was in jail for 155 days and the conviction was for 321 has been adjusted.

5. Learned counsel for the applicant submits that the report was lodged against unidentiied persons and the name was not men