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HIGH COURT OF KARNATAKA
G BASAVARAJA, J
STATE OF KARNATAKA BY RURAL POLICE, CHIKKAMAGALURU – Appellant
Versus
MOHAMMED RAFEEQ S/O LATE AMEERJAN – Respondent
| Table of Content |
|---|
| 1. accused charged under section 379 ipc for theft. (Para 3 , 4 , 5 , 6) |
| 2. arguments presented by both sides regarding evidence. (Para 7 , 8) |
| 3. court's re-appraisal regarding the legality of acquittal. (Para 10 , 11 , 12 , 13) |
| 4. final ruling affirming acquittal is valid. (Para 14) |
ORDER
This criminal revision petition is filed under Section 397 r/w Section 401 of Cr.P.C. seeking to set aside the judgment dated 23.01.2019 passed by the II Addl. District & Sessions Judge, Chikkamagaluru, in Crl.A.No.70/2017 and judgment dated 16.01.2017 passed by the I Addl. Senior Civil Judge & JMFC, Chikkamagaluru, in C.C.No.111/2015 acquitting the accused for the commission of offence punishable under Section 379 of IPC.
2. Parties are referred to as per their ranking before the trial court for the sake of convenience.
3. Brief facts of the case are that:
On 04.11.2014 in Indavara village during night hours accused Nos.1 to 4 have taken away the cow and a calf worth Rs.15,000/- belonged to CW-1 without his consent, illegally and thereby committed the alleged offence punishable under Section 379 of IPC.
4. On receipt of charge sheet, trial court has taken cognizance for the commission o
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