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Judgment
Prashant Kumar Mishra, J
Heard on IA No.1, an application for condonation of delay of 189 days in filing the CRMP.
On due consideration, the application is allowed and the delay is condoned.
Also heard on admission.
The trial Court has acquitted the accused of the charge under Section 395 of IPC.
A dacoity has taken place in the house of informant - Lalman Singh at about 12:00 midnight on 11/12/2011. However, a written complaint was filed on 22.12.2011 stating that after the dacoits entered the house, they looted Rs.50,000/- cash, 20 Nos. of silver chain, 2 Nos. of bel patta, 2 Nos. of forehead bindi, 4 Nos. of ring, 4 Nos. of bichua, 2 earrings, 2 Nos. of bala, 2 Nos. of latkan, 2 Nos. of hapichand, 2 Nos. of chudwa, 2 Nos. of nagwari, one trishul, 10 Nos. of golden fulia, 6 Nos. of nathiya etc. valued at Rs.40,000/-. It is stated in the complaint that when the miscreants were moving out of the house, complainant Lalman Singh could recognize Sudarshan and Dhanpat. The ornaments were not recovered during investigation.
In his deposition, Lalman Singh (informant/complainant) would state that there was no electricity in his house at the time of the incident. Similarly, if the complainant had recognized 2 dacoits when they were moving out of the house, there was no reason why the complaint was not lodged immediately on the date of CRMP No. 1714 of 2019 the incident. The witnesses of the memorandum and seizure have not supported the case of the prosecution as has been found by the trial Court in para 19 of the impugned judgment. The other accused persons were not sent for test identification parade.
Learned trial Judge has discussed the entire evidence in detail and has pointed out the weakness of the prosecution case.
Having perused the papers placed before this Court, we do not find any infirmity in the findings recorded by the trial Court.
No case for grant of leave to appeal is made out .
The CRMP is dismissed.