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2024 Supreme(Online)(Kar) 41113

KARNATAKA HIGH COURT
THE STATE OF KARNATAKA – Appellant
Versus
IMRAN @ MADY – Respondent


JUDGMENT

This appeal is filed by the State assailing the judgment of acquittal passed by the Sessions Court dated 28.02.2017 in S.C.No.1111/2012 on the file of LII Addl. City Civil &

Sessions Judge, Bengaluru (CCH-53).

2. The case of the prosecution is that on 08.02.2012 at about 08.45 p.m. one Smt.H.N.Indiramma PW-1 was proceeding on 1st cross, Sneha Colony, Chikkalasandra, Bengaluru, at that time accused No.1 came near her on the pretext of asking address and tried to rob the Mangalya Chain. At that time, the complainant held the chain tightly, the chain was broken and the accused Nos.1 & 2 taking that broken piece, fled that place on the motorbike. It is the further case of the prosecution that accused Nos.4 & 5 abetted accused Nos.1 & 2 to commit the offence and they are the habitual receivers of the stolen property and accordingly they have received the robbed article from accused Nos.1 & 2 knowing fully well that it is a stolen property.

3. PW-1 lodged the complaint at Ex.P1 and based on the said information, FIR was registered in Crime No.51/2012 by the Subramanya Pura Police Station. During investigation, the Police arrested the accused and based on their voluntary statement,

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