C.C.No. 353-2025, Dt.25.09.2025; Prl. JFCM, ATP, FAC.Spl.JFCM (Mobile), ATP 1
IN THE COURT OF THE SPL. JUDICIAL MAGISTRATE OF FIRST CLASS (MO-
BILE): ANANTHAPURAMU.
PRESENT: - SRI K. BALA KOTESWARA RAO Prl. Judicial Magistrate of I Class, Ananthapuramu. FAC. Spl. Judicial Magistrate of I Class, Ananthapuramu
Thursday, this the 25th day of September, 2025.
C.C.No. 353/2025
Between:
The StateRep. by Inspector of Police, Ananthapuramu III Town Police Station. ……. Complainant
And
Vanarasa Jitendra @ siddu, aged 34 years, S/o V. Anjinappa, Occupation-Electri- cian @ Auro Driver, Caste-Marati, Khaja Nagar, Ananthapuramu Town.
……. Accused
This case comes before me on 22.09.2025 for final hearing in the presence of A.P.P. for the complainant, and of Sri. T. Bharath, Legal Aid Counsel for Ac- cused, and after hearing both sides and having stood over for consideration till this day, this Court delivered the following:
J U D G M E N T
1.The Sub-Inspector of Police, Ananthapuramu III Town Police Station laid a charge sheet against the accused for the offence U/s.303(2) or 317 of BNS Act, in
Crime Numbers 44/2025 and 46/2025.
2.The brief facts of the charge sheet are that:
2.1) L.W.1 –Sheik Fakruddhin parked his vehicle, Bajaj Pulsar, bearing No.
AP02 AQ 7359 in front of Sadhbavana Children park, Ananthapuramu in morning hours, on 12.03.2025 and went inside the house for painting. After competition of his work, he came the place where he parked his vehicle and
C.C.No. 353-2025, Dt.25.09.2025; Prl. JFCM, ATP, FAC.Spl.JFCM (Mobile), ATP 2 noticed that it was found missing. He searched near and dear, but in vain, and accordingly he reported to the police.
2.2) Based on the report of LW.1, L.W.11/S. I of Police, Ananthapuramu III
Town P.S registered the same as a case in Crime Number 44/2025 under section 303 (2) of BNS Act and investigated into. During the investigation, he examined as many witnesses, recorded their statements, visited the scene of offence and prepared a rough sketch.
2.3)L.W.6 – P. Chandrasekhar parked his vehicle, Baja Pulsar, bearing
No. AP02 AG 4332 in the premises of APSRTC Bus Stand, Ananthapuramu at about 8.00 A.M., on 06.02.2025 and went inside the Bus Stand. After competition of his work, he came the place where he parked his vehicle and noticed that it was found missing. He searched near and dear, but in vain, and accordingly, he reported to the police.
2.4) Based on the report of LW.6, L.W.13/ S.I of Police, Ananthapuramu III
Town P.S registered the same as a case in Crime Number 46/2025 under section 303 (2) of BNS Act and investigated into. During the investigation, he examined as many witnesses, recorded their statements, visited the scene of offence and prepared a rough sketch.
2.5) On credible information, L.W.12 along with his staff and mediators/L.W.9 and 10 went to the Chandra Hospital Circle,
Ananthapuramu and they noticed Accused in suspicious circumstances and on enquiry he confessed about the commission of offence. Based on his confession, the Police seized the Vehicle at place of arrest and thereafter in pursuance of the further confession of the accused, they went to the thorny bushes back side of Rambo Apartment, Lecturers colony, Anantapuramu and seized remaining motorcycles under cover of mediator report. After
C.C.No. 353-2025, Dt.25.09.2025; Prl. JFCM, ATP, FAC.Spl.JFCM (Mobile), ATP 3 competition of arrest formalities, LW.12 sent the accused to judicial remand in his case. On came to the said fact Lw.13 secured the presence of accused on PT warrant and after completion of investigation he filed charge sheet in this case.
3.The case was taken cognizance on file against the accused of the offence under Sections 303 (2) or 317 of BNS Act.
4.On production of accused before this court copies of all the documents, on which the prosecution relied, were supplied to them under Section 230 of BNSS,
Act.
5.Accused was examined under Section 262 of BNSS, Act the accused de- nied having committed any offence. Thereafter, the charge under Sections 303 (2) or 317 of BNS Act has been framed, read over, and explained to the accused in
Telugu, for which the accused denied the same, pleaded not guilty and claimed to be tried.
6.On behalf of the prosecution, P.W.1 to P.W.6 were examined, Exs.P-1 to P- 8 and MOs.1 and 2 were marked. In view of the evidence of P.W.1, to 3, the learned Assistant Public Prosecutor has given up the evidence of L.Ws. 2 to 5, 7, 8 and 10.
7.Accused was examined under Section 351 of BNSS, Act putting forth the in- criminating material that appears against him from the evidence of prosecution wit- nesses. The accused denied his guilt and reported no defence evidence.
8.Now, the following points will arise, for consideration of this Court:
C.C.No. 353-2025, Dt.25.09.2025; Prl. JFCM, ATP, FAC.Spl.JFCM (Mobile), ATP 4
1) Whether Bajaj Pulsar, bearing No. AP02 AQ 7359 and Baja Pulsar, bearing No. AP02 AG 4332 are stolen properties?
2) Whether the seizure of above vehicles from the possession of the accused has been proved?
3) Whether the accused knew that above vehicles are the stolen properties?
4) Whether the accused committed theft of the above vehicles?
5) Whether the Prosecution proved the case beyond all reasonable doubts?
6) To what relief?
9. POINTS 1 TO 5 are answered together to avoid repetition of the facts:
10.For a better appreciation of the case, it is pertinent to mention the ingredients of Sections 303(2) or 317(2) of BNS Act as follows:
1.Section 303 (2) of BNS Act defines punishment for theft: - Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
2. Section 317 of BNS Act defines – Dishonestly receiving stolen property: - Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
11.According to the prosecution case, on 12.03.2025 in the morning hours, the
Bajaj Pulsar bearing No.AP02 AQ 7359 parked by P.W.1 in front of Sdhbavana
Childrens Park, Ananthapuramu and on 06.02.2025 at about 8.00 AM PW.2 parked
Pulsar Vehicle, bearing No. AP02 AG 4332 in the premises of APSRTC bus Stand
Ananthapuramu and went inside the above places and after completion of their works at the above places and they came there and noticed that those were miss- ing. Hence, they searched near and dear, but in vain. Later, they lodged Reports/
Exs.P1 and P.2, respectively. After two weeks of lodging Ex. P1 and after one week of lodging of Ex. P2/report, police recovered their stolen bikes. Accordingly,
C.C.No. 353-2025, Dt.25.09.2025; Prl. JFCM, ATP, FAC.Spl.JFCM (Mobile), ATP 5 they went to police station and identified their bikes. Further, they deposed that they do not know who committed theft of their respective bikes.
12.P.W.4-who is one of the Investigating Officer of the case deposed that he registered the cases based on the report of PW.1 and issued Ex. P5 and 7 FIRs.
During his investigation he examined as many as witnesses and prepared Ex. P6 and 8 rough sketches. During his investigation, he along with his staff appre- hended the accused and seized the case properties and other properties in the presence of mediators.
13.PW3-Mediator of the case deposed that on the request of police he along with another mediator had gone to Chandra Hospital Circle, Ananthapuramu and noticed the accused in suspicious circumstances and that police apprehended them. On enquiry the accused confessed about the commission of offences.
Based on the confession of accused, MO.1/ AP 02 AX 4373 bike was seized by the Police, under cover of Ex.P.3 mediator report. In pursuance of confession of the accused they had gone to the thorny bushes, back side Rambo Apartment,
Lecturers colony, Ananthapuramu and noticed Seven more vehicles were parked there and accordingly they seized the same under cover of Ex.P.4 mediator report.
14.After careful perusal of the entire evidence of P.W.1 to P.W.6, coupled with documentary evidence i.e., Exs.P-1 to P-8 and Mo.1 and 2, the motorcycles of
PW1 and PW2 were committed theft by some unknown culprits, but no one knows that who committed the theft of bikes of P.W.1 and 2.
15.The learned A.P.P. strongly contended that as per the illustration (a) of
Sec.119 of BSA, a man who has in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen unless he
C.C.No. 353-2025, Dt.25.09.2025; Prl. JFCM, ATP, FAC.Spl.JFCM (Mobile), ATP 6 can account for his possession, but in the present case accused did not explain
before the court the seized property belongs to him. Thus, the accused, in this
case, must be considered as thief.
16.According to Prosecution, in this case, Mo.1 and 2 were missing from the possession of P.W.1 and 2, in the month march, 2025 and on 28.12.2024, respec- tively and as per the evidence of P.W.3, police allegedly seized the same from the possession of the accused on 25.03.2025. There is a gap of more than 20 days and 90 days, respectively between the two. Therefore, it cannot be said that
P.W.4 seized the above vehicles from the possession of the accused soon after the theft of the same. In this connection, it is a settled principle of law in Criminal
Administration of Justice that based on presumptions or assumptions or inferences conviction cannot be recorded for most of the offences under the BNS.
17.Based on said presumption, in the absence of legal evidence, a conviction for the offence under section 303 (2) of BNS, cannot be recorded. Said presumption will not give any authority to the Court to record a conviction for the offence under section 303 (2) of BNS in the absence of legal evidence to prove the same. Said illustration does not mean that receiver of stolen property is a thief when there is no legal evidence on record to establish that the receiver of stolen property is a thief.
18.In the said gap ofmore than 20 days and 90 days, those vehicles can go to the hands of a greater number of persons and therefore, it is not correct to apply said presumption to the facts of this case and further Court has to maintain some balance given the said presumption and hence, I am of the considered opinion that the arguments of the learned A.P.P. are not acceptable about the accused is pre- sumed as thief.
C.C.No. 353-2025, Dt.25.09.2025; Prl. JFCM, ATP, FAC.Spl.JFCM (Mobile), ATP 7
19.In a case, Trimbak Vs. State of Madhya Pradesh, reported in AIR 1954
Supreme Court 39, Hon’ble Supreme Court, inter-alia, observed as follows: “The
Prosecution has to bring home the guilt of a person under section 411 of Indian
Penal Code to prove, (1) that the stolen property was in the possession of the accused, (2) that some person other than the accused had possession of the property
before the accused got possession of it, and
(3) that the accused knew that the property was stolen property.
20.Section 411 of Indian Penal Code 1860 is the correspondence Section 317 of BNS Act.
21.Now, I am going to scan the evidence on record to know whether the above points have been established by the Prosecution or not?
22.P.W.1 and PW.2 gave evidences that the above vehicles were stolen away from the places as mentioned supra and that they reported as in Ex. P-1 and P.2 in
Ananthapuramu III Town Police Station.
23.Already, this court ordered to return those bikes to PW.1 and 2 after obtain- ing proper receipts from them and the same have not been challenged either by the accused or any other person. Therefore, it is clear that there is no dispute con- cerning ownership of P.W.1 and P.W.2 in respect of Mos.1 and 2.
24.With the evidence of P.Ws.1 and 2, it is established by the prosecution that the above said vehicles were the stolen property.
25.P.W.3/mediator gave evidence that in his presence and another mediator, police seized the above vehicles along with other vehicles on the date, time, and
C.C.No. 353-2025, Dt.25.09.2025; Prl. JFCM, ATP, FAC.Spl.JFCM (Mobile), ATP 8 the place as mentioned supra from the possession of accused under a Mediators’ report as in Ex. P-3 and P-4. The same corroborated by P.W.4.
26.The defence counsel mainly concentrated on:
1. Scene of arrest and seizure is the busy locality. Whenever scene of offence is busy locality it is the bounden duty of the I.O. to examine the inhabitants. But in the present case no inhabitants were examined at the scene of offence.
2. The place of kept vehicles do not belong to the accused and it is busy place. So, there is no possibility to kept the vehicles at that place as alleged by the prosecution. Hence, he prays to acquit the accused.
27.It is the case of the prosecution that Mos.1 and 2 are belongs to P.Ws.1 and 2 respectively, and that the said vehicles were allegedly committed theft by the
Accused. The said vehicles were allegedly recovered from the Accused in the presence of mediators/P.W.3 and another mediator by the I.O.
28.Further, according to the prosecution the prosecution witness P.Ws.1 and 2 identified Mos. 1 and 2 as their vehicles which were allegedly committed theft on the date of commission of offence, at the police station.
29.As seen from Rule 35 of the Criminal Rules of Practice the identification of properties shall be held in the Court of Magistrate where the properties are lodged and each item of property shall be put up separately for the parade and it shall be mixed up with four or five similar objects and before calling upon the witnesses to identify the property, he shall be asked to state the identification marks of his property and the witnesses shall be called in one after the other and on leaving shall not be allowed to communicate with the witnesses not yet called in. The said procedure of conducting identification parade in respect of the property has not been conducted in this case, as admittedly the identification parade was not
C.C.No. 353-2025, Dt.25.09.2025; Prl. JFCM, ATP, FAC.Spl.JFCM (Mobile), ATP 9 conducted in the Court of the Magistrate.
30.As seen from the record no similar properties were secured by the police and clubbed all of them and asked the witnesses one by one to come and identify their vehicles. Further, as seen from the record, the witness was not asked to state the identification marks of their respective vehicles before showing the properties put up for test identification as required under Sub-rule (3) of Rule 35 of the
Criminal Rules of Practice. Thus, it is clear that the test identification in respect of the properties are not conducted in accordance with the procedure prescribed in
Criminal Rules of Practice. Therefore, much credence cannot be given to the alleged test identification of Mos.1 and 2, by the witnesses/P.Ws.1 and 2.
31.As could be seen from the record, except for the circumstantial evidence based on the confessional statement of the accused no other evidence is available to prove the case of the prosecution. In this connection the learned counsel for the accused would argue in vehemence that the confession record by the police from the accused is irrelevant, when the accused was in their custody. On the other hand, it was contented by the learned APP by relying the proviso of (2) of section 23 of BSA Act, though the confession record by the police from the accused while he was in their custody it is relevant when the recovery was discovered in consequence of information received from a person.
32.Now I would like to decide whether the confessional statement recorded by the police is relevant or not?
a) After careful perusal of the confession, demonstrates that the accused and other persons were committed theft of bikes in several places while the accused was going on Syfulla bridge, the police apprehended the accused along with other person, and then the accused apprehended them and accordingly the police seized the Honda Activa bike from the
C.C.No. 353-2025, Dt.25.09.2025; Prl. JFCM, ATP, FAC.Spl.JFCM (Mobile), ATP 10 possession of accused. Based on confession of accused, they had gone to the thorny bushes situated at back side of Rambo Apartment,
Lecturers colony, Ananthapuramu and that accused showed seven motor cycles there and accordingly the police seized the same.
b) If, it is assumed that Mo.1 and 2 are the properties involved in theft committed on the above specified dates, it has to be seen whether the prosecution succeeded to prove that the recovery of said properties from the possession of the accused and the said recovery was discovered in consequence of information received from the accused.
c) According to the prosecution, Mo.1 and 2 were placed by the accused
before them and accordingly they have seized the same in the presence
of mediators.
d) In the instant case, the statement namely, “the accused had committed theft, while they were going on bridge, the police apprehended the accused and along with other person”, constituted only the past history of
Mo.1 or their theft by the accused; it was not the distinct and proximate cause of the discovery and had to be ruled out of evidence all together. A further statement of accused that “they had placed Mo.1 and 2 and other bikes at the thorny bushes, back side of Rambo Apartment, Lecturers
Colony, Ananthapuramu, “if you come along with me I will show vehicles;
It was also not distinct and proximate cause of the discovery and other hand it was constituted only the past history of the vehicles or theft by the accused and had to be ruled out of evidence all together. After culling out and rejecting inadmissible portion and that no further admissible portion of the information taken in conjunction with the facts discovered was sufficient to draw the presumption that the accused was the thief or
C.C.No. 353-2025, Dt.25.09.2025; Prl. JFCM, ATP, FAC.Spl.JFCM (Mobile), ATP 11 receiver of the stolen properties knowing it to be stolen. The answer to the question in the circumstances of the case, had to be in the negative.
The remaining seven vehicles in question were found at the compound of thorny bushes, back side of Rambo Apartment at Lecturers colony,
Ananthapuramu. It was not alleged by the prosecution-much less proved-that the vehicles were lying concealed, or that the said place was under the control of accused. There is not even an oblique hint that the place of the deposit of the vehicles was in any way under the control or occupation of the accused.
e) Admittedly, mediator/P.W.3 is not a resident of the locality where the accused said to have been arrested and where the property said to have been seized.
f) Of course, he stated that he acted as mediator but, there are several inhabitants in the above said localities. Further, there is very much availability of Village Administrative Officers and Sarpanches and ward secretary. He further stated that the place of arrest of accused and seizure of the property are busy localities. But, curiously enough
Inspector, who arrested the accused and seized the property stated that he could not secure any mediators of the locality to act as mediators. He wanted the Court to believe that he had taken mediators from
Ananthapuramu Town to all the way to place of arrest and seizure of the property, to act as mediators. As per Section 103 of BNSS Act, whenever a search is made, the persons of the locality have to be taken as mediators. It is not as if in the instant case the arrest and seizure took place outside of any residential locality. On the other hand, the accused were said to have been arrested and seized the property from the possession of accused at busy places where there are number of workers and also residential houses are situated. There is no material to
C.C.No. 353-2025, Dt.25.09.2025; Prl. JFCM, ATP, FAC.Spl.JFCM (Mobile), ATP 12 show that Inspector, who arrested the accused and seized the property served any summons on any of the witnesses of the locality to act as mediators and those persons refused to act as mediators. In the absence of such evidence. Even, in that regard the explanation was not offered by investigating officer, who arrested the accused and seized the property for non-compliance of Section 103 of BNSS Act. Further, as per Section 105 of BNSS Act the Investigating Officer ought to have recording of search and seizure through audio, video electronic means. But, in the present case Investigating Officer did not follow the said procedure. If he had done so, this Court would have an opportunity to know really the
Investigating Officer brought the above mediators to above places to arrest and seize the property from the possession of accused.
Therefore, obviously, mediator appears to be a stock witness for the police and, therefore, the police got the panchanama attested by such a witness as a mediator.
g) The place being thorny bushes, back side of Rambo Apartment, was from its very nature accessible to all the public. Admittedly it is abetting to the residential houses it means it is busy locality. But the police did not examine any inhabitants of said locality
h) Therefore, the evidence of mediator and investigating officer, who arrested the accused and seized the property under cover of the mediator report, it was prepared at the above places in connection with the arrest of the accused and the seizure of properties cannot be believed. In view of these circumstances, I am unable to believe the testimony of mediator and investigating officer, who arrested the accused and seized the property in respect of the alleged recovery of property from the Accused.
C.C.No. 353-2025, Dt.25.09.2025; Prl. JFCM, ATP, FAC.Spl.JFCM (Mobile), ATP 13
33)In my considered view, the prosecution failed to prove beyond reasonable doubt that property recovered from the possession of the accused.
34)Accordingly, the above points are answered in favour of the accused.
35. Point No.6:
In the result, the accused is found not guilty for the offence under Sec. 303 (2) or 317 of BNS Act. Accordingly, the accused are acquitted under Sec.271 of
BNSS. Mos.1 and 2 have been ordered by this court as interim custody in favour of
P.Ws.1 and 2, is holds good, after appeal time is over. The office is hereby directed to address a letter to concerned jail authorities about the accused are released forthwith if they are not required in any other case.
Typed to my dictation directly by Stenographer, corrected, signed, and
pronounced by me in open Court on this the 25th day of September, 2025.
Sd/- K. Bala Koteswara Rao
PRL. JUDICIAL MAGISTRATE OF I CLASS,
ANANTHAPURAMU.
FAC. SPL. JUDICIAL MAGISTRATE OF I CLASS (MOBILE),
ANANTHAPURAMU.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR COMPLAINANT: FOR ACCUSED:
P.W.1:Shaik Fakruddin.- N O N E -
P.W.2:P. Chandra Sekhar
P.W.3:U. Vigneshwar Rao (VRO)
P.W.4:G. Gopaludu (S.I., Vigilance and E.D)
C.C.No. 353-2025, Dt.25.09.2025; Prl. JFCM, ATP, FAC.Spl.JFCM (Mobile), ATP 14
P.W.5:C. Venkateswarlu (S.I of ATP
III Town P.S.)
P.W.6:K. Santhi Lal (C.I. of ATP III
Town P.S.,)
EXHIBITS MARKED
FOR COMPLAINANT: FOR ACCUSED:
Ex.P-1:Report of PW1.- N IL -
Ex.P-2:Report of PW2.
Ex.P-3:Certifiedcopyof
Confession, arrest and seizure mahazarnama.
Ex.P-4:Certified copy of Property seizure mahazarnama
Ex.P-5:FIR
Ex.P-6:Rough Sketch.
Ex.P-7:FIR
Ex.P-8:Rough Sketch.
MATERIAL OBJECTS MARKED
M.O.1:Bajaj Pulsar, bearing No. AP02 AQ 7359.
M.O.2:Baja Pulsar, bearing No. AP02 AG 4332
Sd/- K. Bala Koteswara Rao
Prl. JFCM, ATP Spl. JFCM (Mobile), ATP.
// True Copy //
PRL. JUDICIAL MAGISTRATE OF I CLASS,
ANANTHAPURAMU.
FAC. SPL. JUDICIAL MAGISTRATE OF I CLASS (MOBILE),
ANANTHAPURAMU.
C.C.No. 353-2025, Dt.25.09.2025; Prl. JFCM, ATP, FAC.Spl.JFCM (Mobile), ATP 15
CALENDAR AND JUDGMENT
DISTRICT OF ANANTHAPURAMU
Calendar of cases tried by Sri K. Bala Koteswara Rao, Prl. Judl. Magistrate of I Class, Ananthapuramu, FAC. Spl.Judicial Magistrate of I Class (Mobile), Ananthapuramu.
JUDGMENT IN CALENDER CASE NO. 353/2025 ON THE FILE OF SPL. JUDL.
MAGISTRATE OF I CLASS (MOBILE), ANANTHAPURAMU.
Date of offence:On 12.03.2025 in between Morning Hours to 12.30 PM and In between 08.00 Am to 04.00 PM on 06.02.2025. Complaint:13.03.2025 and 19.03.2025. Apprehension of:25.03.2025 accused Remand Period if any:03.04.2025 to till today. Released on bail:Accused is in jail. Commencement of trial:19.05.2025 Closing of trial:17.09.2025. Sentence or order:25.09.2025. Reasons for delay: -- Name of the complainant:The State – Represented by its Inspector of Police, Ananthapuramu III Town P.S. in Cr.No.44/2025 and 46/2025.
Name of the accused:Vanarasa Jitendra @ siddu, aged 34 years, S/o V. Anjinappa, Occupation- Electrician @ Auro Driver, Caste-Marati, Khaja Nagar, Ananthapuramu Town. Offence:U/s. 303(2) or 317(2) of BNS Act. Plea of the Accused:Not Guilty Finding:Not Guilty
O R D E R:
In the result, the accused is found not guilty for the offence under Sec. 303 (2) or 317 of BNS Act. Accordingly, the accused are acquitted under Sec.271 of BNSS. Mos.1 and 2 have been ordered by this court as interim custody in favour of P.Ws.1 and 2, is holds good, after appeal time is over. The office is hereby
C.C.No. 353-2025, Dt.25.09.2025; Prl. JFCM, ATP, FAC.Spl.JFCM (Mobile), ATP 16 directed to address a letter to concerned jail authorities about the accused are released forthwith if they are not required in any other case.
Sd/- K. Bala Koteswara Rao
PRL. JUDICIAL MAGISTRATE OF I CLASS,
ANANTHAPURAMU.
FAC. SPL. JUDICIAL MAGISTRATE OF I CLASS (MOBILE),
ANANTHAPURAMU
Copy submitted to:
The Hon’ble I Addl. District & Sessions Judge, Ananthapuramu.
// True Copy //
PRL. JUDICIAL MAGISTRATE OF I CLASS,
ANANTHAPURAMU.
FAC. SPL. JUDICIAL MAGISTRATE OF I CLASS (MOBILE),
ANANTHAPURAMU.