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2010 Supreme(Online)(P&H) 31

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RANJIT KAUR @ MANJIT KAUR @ RANI – Appellant
Versus
STATE OF PUNJAB – Respondent



218 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:23.03.2026 Ranjit Kaur @ Manjit Kaur @ Rani …Petitioner vs.

State of Punjab …Respondent Coram : Hon’ble Mr. Justice N.S.Shekhawat Present : Mr. Sandeep Arora, Advocate for the petitioner.

Mr. Bhanu Pratap Singh, Addl. A.G. Punjab.

***

N.S.Shekhawat J. (Oral)

1. The petitioner has filed the present revision petition against the impugned judgment dated 07.11.2009 passed by the Court of Additional Sessions Judge, Jalandhar and the judgment of conviction and order of sentence dated 20.12.2007 passed by the Court of Judicial Magistrate 1st Class, Jalandhar, whereby, the petitioner was convicted for the commission of offences punishable under Sections 380, 424, 511 of IPC and was sentenced as under:-

Under Section 380/511 IPC RI for a period of one year and to pay a fine of Rs.2000/- and in default of payment of fine, to further undergo RI for two months.
Under Section 424/511 IPC RI for a period of six months and to pay a fine of Rs.1000/- and in default of payment of fine, to further undergo RI for one month.

2. The brief facts of the case are that on 06.08.2004, ASI Amrinder Singh received secret information that many people were gathered at the shop of M/s Om Jewellers, near Kala Bazaar. He went there. Davinder Kumar, owner of M/s Om Jewellers met him there and disclosed that on 06.08.2004 at 2.30 p.m. when he was sitting in his shop along with his Accountant Anil Kumar, accused Manjit Kaur entered the shop and asked for the presentation of gold chains in order to purchase. Four boxes containing gold chains were laid before her for selection. The said lady selected three gold chains and asked him to weigh them. When he i.e. Davinder Kumar diverted his attention towards the weighment of the said chains, she tried to take out two gold chains from the remaining boxes and also tried to put two artificial gold chains in their place. The attention of the complainant was immediately diverted towards her. She became perplexed and thus, was apprehended at the spot. Two artificial gold chains, which she tried to replace with original gold chains of the complainant were also taken into possession from her. After recording such statement of Davinder Kumar, ASI Arminder Singh sent ruqa to the Police Station on the basis of which FIR under Sections 420, 380 and 511 of the Indian Penal Code was registered against the accused. The accused was arrested on the spot. He also took into possession artificial gold chains by preparing separate recovery memo. One purse containing artificial Karra and bangles and amount of Rs. 30/- were recovered from the personal search of the accused. They were also taken into possession vide a separate recovery memo. Statements of the witnesses were recorded. ASI Arminder Singh prepared a site plan of the place of theft/ occurrence and on return to the police station, he deposited the material with the MHC. After completion of entire investigation, the accused was challaned to face trial under Section 420, 380 and 511 of the Indian Penal Code.

3. After presentation of challan, the trial Court found that a prima facie case under Sections 380 and 424 of the IPC was made out against the petitioner and she was charge-sheeted, accordingly. However, she pleaded not guilty and claimed trial.

4. During the course of trial, the prosecution examined PW-1 Davinder Kumar, complainant and PW-2 Anil Kumar, eye-witness of the theft/occurrence. The prosecution further examined ASI Arminder Singh as PW-3, who was the Investigating Officer of the case and exhibited the following documents:-

1 Ex.PA Recovery memo regarding artificial Chakka
2. EX.PB Statement of complainant
3. Ex.PB/1 Ruqa
4. Ex.PC Receipt regarding weight of gold chain
5. Ex.PD Receipt regarding weight of gold chain
6. Ex.PE Recovery regarding artificial Bangles
7. Ex.PF FIR
8. Ex. PG Site plan of the place of recovery

5. After closure of the evidence of prosecution, the stat

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