1C.C.No.6162 of 2023
IN THE COURT OF THE VII ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, HYDERABAD
Dated this the 31 st day of December, 2025
Present: Smt P. Aruna Kumari,
VII Addl. Chief Judicial Magistrate,
Hyderabad
C.C.NO.6162 OF 2023
BETWEEN :- The State rep., through Addl., Inspector of Police, P.S Madannapet.
...Complainant
//AND//
1. Mohammed Shahbaz Hussain, S/o.Late Mohammed Yaqub Hussain, Age: 42 years, Occ: Auto Driver, R/o.Rented House, near Shama Hotel, Talabkatta, Hyderabad, Previous Address: H.No.23-2-367/A, Moghalpura, Charminar, Hyderabad,
2. Mohammed Irfan, S/o. Late Khadar Baba, Age:33 years, Occ:Welding Work, R/o.Rented House near Noor Masjid, A1-Jabri Colony, Shaheen Nagar, Pahadisharif, Hyderabad, Previous Address: H.No.10-4-101, Ramanhaneya Colony, Chunchupalli, Kothagudem, Khammam, Telangana.
... Accused Nos.1 and 2
This case is coming before me for final hearing in the
presence of learned Assistant Public Prosecutor for the State;
and of Sri K.Saleem, Counsel for the Accused Nos.1 and 2;
upon perusing the material on record, having heard, stood
over for consideration, till this day, the Court delivered the
following:- 2C.C.No.6162 of 2023
: J U D G M E N T :
1. The Addl.Inspector of Police, PS Madannapet has filed charge sheet against the Accused Nos.1 and 2 in Cr.No.83/2023 for the
Offence punishable U/Secs.457 and 380 of Indian Penal Code.
2.The brief facts of the Prosecution case as follows:-
The Addl.Inspector of Police, PS Madannapet has filed the charge sheet against the Accused Nos.1 and 2 alleging that, the Defacto-Complainant/Sudershan Singh/L.w.1, in his report,
Dt.04.6.2023 at 1800 hours stated that, on 03.6.2023 at about 2330 hours, wherein L.w.1 went to attend a function of his Cousin at Malakpet, while going he locked the house and went, whereas his Wife/Smt.Leela Singh went to Ranchi (Town) , Jharkand State, to attend a Marriage Reception on 01.6.2023, usually, they both only stay in that house, on 04.6.2023 at 1400 hours, L.w.1 returned back to his home and found that the lock of the door was damaged, bedroom backside window grills were found in bent condition, he opened the door and found that God's room bedroom
Beerva/Almirah were opened and found all the articles were thrown here and there on the ground and another bedroom Beerva/Almirah was also opened, the Gold and Silver Ornaments were missing in his house. Hence, L.w.1 has lodged a complaint at PS Madannapet by requesting to take necessary action against the culprits.
3C.C.No.6162 of 2023
3.Basing on the report of the Defacto-complainant,
L.w.12/M.Arlappa, Addl., Inspector of Police, PS Madannapet, has registered this case in Cr.No.83/2023 for the Offence punishable
U/Secs.457 and 380 of Indian Penal Code and took-up the
Investigation.
During the course of Investigation, L.w.12 examined and recorded the statement of L.w.1 at the police station, he visited the scene of offence situated at Flat No.4, Block No.2, beside
Madannapet Old PS, Saidabad, Hyderabad, there he conducted scene of offence panchanama and also drafted rough sketch of the scene in the presence of mediators/L.ws.4 and 5, later, on the request of L.w.12, Finger Prints Bureau, South East Zone visited the
Scene of offence and collected the Chance Prints.
During the course of Investigation, on 06.6.2023, L.w.12 examined and recorded the statement of L.w.2/Smt.Leela Singh, who is the wife of L.w.1 and she revealed about total details of stolen property ie., Gold and Silver Items, while the efforts are in progress, L.w.12 along with his Staff/L.ws.8 to 11 apprehended
A.Nos.1 and 2 on 13.6.2023 at 7:30 hours, while conducting vehicle checking at Santosh Hotel, Madannapet, Hyderabad and that
L.w.12 interrogated A.Nos.1 and 2 thoroughly and A.Nos.1 and 2 voluntarily admitted their guilt about the commission of this offence and that L.w.12 conducted confession and seizure panchanama of accused Nos.1 and 2 in the presence of L.ws.6 4C.C.No.6162 of 2023 and 7 and seized Gold, Silver and Cash, total (33) items ie., (1) One Gold Chandraharam wg. about 19 grams, (2)One Gold
Pearl Necklace wg., about 35 grams, (3) Two Gold Necklaces wg., about 43 grams, (4) One Gold Big Blackbeads Chain (Mangalasuthram) wg., about 15 grams, (5) One Gold small
Blackbeads Chain ( Mangalasuthram) wg., about 9 grams, (6) Two
Gold Big Chains, wg., about 22 grams, (7) Three Gold small Chains, wg., about 15 grams, (8) One Gold Bracelet, wg., about 8 grams, (9) One Platinum Diamond Ring, wg., about 6 grams, (10) One pair
Diamond Ear Rings, wg., about 1 gram, (11) One Pair Gold Ear Tops (Red and White Stones), wg., about 4 grams, (12) Seven Gold
Rings, wg., about 24 grams, (13) One Vanki Ring wg., about 3 grams, (14) One Silver Kalusham Chembu, wg., about 22 Tulas, (15) Two Silver Plates, wg., about 800 grams, (16), One Silver
Glass, wg., about 35 grams, (17) One Silver Bowl, wg., about 24 grams, (18) One Silver Kunkumabarani, wg., about 22 grams, (19)
One Silver Junjura, wg., about 17 grams, (20) Five Silver Gundlu, wg., about 9 grams, (21) Four Silver Anklets, wg., about 24 grams, (22) Two Sets Silver Patilu, wg., about 71 grams, (23) Two Silver
Metalu, wg., about 5 grams, (24) Two Silver Handchains, wg., about 3 grams, (25) Two Silver God Lockets wg., about 6 grams, (26) One Silver Leaf, wg., about 3 grams, (27) One Silver Rs.2000/- note, wg., about 12 grams, (28) One I-Phone, (29) Cash of
Rs.50,000/- including (02) Bikes ie., Activa Br.No.TS-12-EJ-3665 and
AP-09-CA-7901 and (02) Cell phones from the possession of A.Nos.1 5C.C.No.6162 of 2023 and 2 respectively, later L.w.12 effected the arrest of accused
Nos.1 and 2 and produced before the court for judicial remand.
After completion of entire Investigation and after receiving all concerned documents, L.w.12 filed the charge sheet against the accused Nos.1 and 2 for the Offence punishable U/Secs.457 and 380 of Indian Penal Code.
4.Basing on the material available on record and after verification, this Court has taken cognizance of the matter
U/Secs.457 and 380 of Indian Penal Code against accused Nos.1 and 2.
5.On appearance of the Accused Nos.1 and 2, copies of all the documents were furnished to them, as per Section 207 of Cr.P.C.
Accused Nos.1 and 2 were examined U/Sec.239 of Cr.P.C.
Accused Nos.1 and 2 denied the accusation. The Charges
U/Secs.457 and 380 of I.P.C has been framed, read over and explained to them. Accused Nos.1 and 2 pleaded not guilty and claimed to be tried.
6.In order to prove the guilt of the accused Nos.1 and 2, the prosecution has examined P.ws.1 to 5 and Exs.P.1 to 11 are marked. P.w.1 is the Defacto-Complainant and Victim, P.w.2 is the
Goldsmith who weighed the Gold and Silver Ornaments, P.w.3 is the
Panch Witness for Crime Details Form along with rough sketch,
P.w.4 is the Panch Witness for Confession and Seizure Panchanama 6C.C.No.6162 of 2023 of accused, P.w.5 is the Investigation Officer, who done the entire
Investigation and filed charge sheet in this case.
The evidence ofL.w.2/Leela Singh, who is the wife of P.w.1 was closed on the report filed by concerned police stating that
L.w.2 is bed-ridden and she is suffering with old aged ailments and unable to come to court, as such, her evidence is closed.
The Learned APPO given-up the evidence of L.w.5/Panch witness for
Crime Details Form along with rough sketch, L.w.6/Panch witness for Confession and Seizure Panchanama, L.ws.8 to 11/Assisted
L.w.12/P.w.5 during apprehension of accused in order to avoid repetition.
7.On closure of prosecution evidence, the Accused Nos.1 and 2 were examined U/Sec.313 of Cr.P.C. The Accused Nos.1 and 2 denied the incriminating material appearing against them in the evidence of the prosecution witnesses. Accused Nos.1 and 2 did not choose to examine any defence witnesses and no-documents were marked on behalf of A.Nos.1 and 2.
8.Heard arguments on bothsides. Perused the material on record.
9. The Point that arises for determination is:- "Whether the Prosecution has proved the guilt of the
Accused Nos.1 and 2 for the Offence Punishable U/Secs.457
and 380 of Indian Penal Code beyond all reasonable
doubts"?.
7C.C.No.6162 of 2023
P O I N T:-
10. Before embarking upon the appreciation of evidence, this court deemed it is appropriate to refer Sections 457 and 380 of
Indian Penal Code:-
Section:457 of I.P.C, reads as:- "Whoever commits lurking house trespass by night, or house- breaking by night, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years."
Section:380 of I.P.C, reads as:- "Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."
11. To prove the case of the prosecution, prosecution examined
P.w.1 who is the Defacto-Complainant who deposed that, on 03.6.2023 at about 11:00 p.m., to 11:30 p.m., while he went to
Malakpet to attend one function of his Cousin at Malakpet by locking the door of Flat No.4, Block No.2, beside Madannapet Old
Police Station and his Wife went to Ranchi Town to attend the marriage function of her Cousin on 01.6.2023 and on 04.6.2023 at around afternoon hours, he returned back to his house and found 8C.C.No.6162 of 2023 that lock of the door was damaged, bedroom backside window grills were found in a bent condition and noticed that all the household articles were in pell-mell condition and thrown here and there and he came to conclusion that some unknown offender entered into their house and committed theft of their Gold and
Silver Items, Gold Jewellery and Mangalasutram, Cash of
Rs.45,000/- kept in the Almirah in Pooja Room were committed theft.
Immediately, P.w.1 went to Police Station, Madannapet and lodged the Complaint, Ex.P.1 is his complaint marked through him and he lost total (27) items including Gold and Silver Items and
Case-property are (1) One Gold Chandraharam, (2) One Gold Pearl
Necklace, (3) Two Gold Necklaces, (4) One Gold Big Black Beads
Chain (Mangalasutram), (5) One Gold Small Black beads Chain (Mangalasutram), (6) Two Gold Big Chains, (7) Three Gold small
Chains, (8) One Gold Bracelet, (9) One Platinum Diamond Ring, (10) One pair Diamond Ear Rings, (11) One pair Gold Ear Tops, (12)
Seven Gold rings, (13) One Vanki Ring, (14) One Silver Kalusham
Chembu, (15) Two Silver Plates, (16) One Silver Glass, (17) One
Silver Bowl, (18) One Silver Kunkumabarani, (19) One Silver
Junjura, (20) Five Silver Gundlu, (21) Four Silver Anklets, (22) Two sets Silver Patilu, (23) Two Silver Metalu, (24) Two Silver
Handchains, (25) One Silver God Lockets, (26) One Silver Leaf, (27) One Silver Rs.2000/- Note, (28) Cash of Rs.35,000/- and 9C.C.No.6162 of 2023 (29) I-Phone Rose Gold Colour, total (29) items, (Photographs of
Gold, Silver and Cash) marked through P.w.1, P.w.1 further deposed that total (29) items were received by him through court order towards interim custody and he kept the same with him, Ex.P.2 is the four (04) positive photographs (containing Gold Items ie., (12)
Gold Items, (02) pair of Ear Studs, (09) Finger rings), Ex.P.3 is seven (07) positive photographs ie., Silver Articles, Ex.P.4 is one (01) positive photograph ie., on I-Phone, Ex.P.5 is one (01) positive photograph ie., Rs.35,000/- Cash marked through him.
During the cross-examination, P.w.1 denied the suggestions put-forth by the defence counsel.
12. P.w.2 who is the Goldsmith has deposed that, on 13.6.2023 in the morning hours, Inspector of Police, PS Madannapet called him to Santosh Hotel, Madannapet and that he went there where police asked him to verify the ornaments, whether the said ornaments are genuine or not and also to weigh the ornaments, accordingly, he checked the ornaments and they are Gold and Silver ornaments, total weight of Gold Ornaments is (20) tolas and total Silver
Ornaments weight about 11/4 Kgs and that he weighed the same and accordingly, Inspector of Police recorded the same.
During the cross-examination, P.w.2 admitted that, he does not have any Certificate from Government to certify with regard to the purity of Gold and Silver Items and its genuineness and admitted that he has not issued any receipt and certificate with 10C.C.No.6162 of 2023 regard to the descriptive particulars of Gold and Silver Articles, he further denied the suggestions put-forth by the defence counsel.
13. P.w.3 who is the Panch witness for Crime Details Form and rough sketch of the scene deposed that, on 04.6.2023 at around 5:30 p.m., while he was in his Kirana Shop which is infront of the house of P.w.1, Police came and enquired the matter and he know that theft was committed in the house of P.w.1, where police conducted scene of offence Panchanama in the house of P.w.1 ie., at Madannapet Colony, Saidabad in his presence and police drafted the sketch of the scene with regard to the incident, after drafting panchanama, police obtained his signature on it, Ex.P.6 is Crime
Details Form along with rough sketch marked through him.
During the cross-examination, P.w.3 admitted that, he knew
P.w.1 since ten (10) years, he further denied the suggestions put-forth by the defence counsel.
14. P.w.4 who is the Panch witness for Confession and Seizure
Panchanama of A.Nos.1 and 2 has deposed that, on 13.6.2023 at about 8:00 a.m., while he was at Santosh Hotel, Madannapet, where he saw that there was gathering of police near to that hotel, where police intercepted him and requested him to act as Panch witness, accordingly, himself and other person went near to said place, where police shown him two (02) persons and informed them to enquire the said persons, accordingly they enquired the said persons, they revealed their names as 'Irfan' and 'Hussain' ie.,
A.Nos.1 and 2.
11C.C.No.6162 of 2023
P.w.4 further deposed that the said accused narrated about the offence committed by them in the house located beside of
PS Madannapet and said accused admitted that they committed theft in one house in Pooja room of the said house and A.Nos.1 and 2 further stated that they were going to sell Gold and Silver
Articles, then Police seized the Gold Items and they were weighed about (20) Tolas, Silver Items weighed about 11/2 Kgs and mobile phones, Vivo and I-Phone were seized and also Cash of Rs.20,000/- and one Activa Br.No.3665 were also seized from the possession of
A.Nos.1 and 2 respectively and P.w.4 further stated that police called Goldsmith and checked the said Gold and Silver seized
Items, Police took accused to Police Station and police obtained signatures on said panchanama, P.w.4 identified the photographs of
Activa, one Gold Blackbeads Chain which are confronted to him,
P.w.4 also identified A.Nos.1 and 2 in the open court, Ex.P.7 is
Confession and Seizure Panchanama, Dt.13.6.2023 marked through him.
During the cross-examination, P.w.4 admitted that, the SI of
Police stated that, accused committed theft of Gold and Silver
Items and also Mobile Phones and further stated that accused committed theft of above said items at the house situated beside
Police Station of Madannapet and in their presence police seized said case-property, he further stated that Gold and Silver items, phones were shown to him in photographs and not shown the 12C.C.No.6162 of 2023 same to him physically during his chief-examination before this court, by seeing the photographs of the case-property he cannot say specifically whether they are gold and silver and photographs of the Cash was shown to him during his chief-examination.
P.w.4 further stated that Cash of Rs.20,000/- seized, but he did not count the same in his presence, he further stated that partly police has written the panchanama at the spot, due to flow of traffic, they completed the Panchanama at Police Station.
P.w.4 categorically admitted that police have drafted the panchanama upon his instructions. He further stated that signatures are not obtained on photographs of the Gold and Silver ornaments along with Cell Phones and Cash.
15. P.w.5 who is the Investigation Officer has deposed on lines of charge sheet, basing on the complaint of P.w.1, he registered the case in Cr.No.83/2023 U/Secs.457 and 380 of Indian Penal Code and took-up the Investigation, he examined witnesses, visited the scene of offence and conducted scene of offence panchanama in the presence of P.w.3 and L.w.5, later he apprehended A.Nos.1 and 2 and seized case property under Exs.P.2 to P.5 under the cover of Confession and Seizure Panchanama in the presence of
P.w.4 and L.w.6 and seized the case-property from the possession of A.Nos.1 and 2 respectively, Ex.P.8 is First Information Report,
Ex.P.9 is Photograph of Activa Bike Br.No.TS-12-EJ-3665, Ex.P.10 is
Photograph of Bike Br.No.AP-09-CA-7901, Ex.P.11 is Photograph of 13C.C.No.6162 of 2023 two (02) cell phones make of VIVO Company respectively are marked through him, after completion of entire Investigation,
P.w.5 filed charge sheet against the accused Nos.1 and 2 for the offence punishable U/Secs.457 and 380 of Indian Penal Code.
During the cross-examination, P.w.5 admitted that he has not mentioned the denomination of Cash in Confession and Seizure
Panchanama under Ex.P.7 and he has signed on Ex.P.7 at concluding page, but not in every page, P.w.5 further admitted that there is a correction in 3rd page of Ex.P.7 with regard to the grams of one of the Gold Item, he affixed initial on it and he further stated he has not specifically mentioned the purity of Gold and Silver
Items saying that whether it is (24) carats or (22) carats and further admitted that he has not received entire details of stolen property, he further added that P.w.1 did not mention entire details, but L.w.2 who is the Wife of P.w.1 gave details of missing gold and silver and other items as she got every knowledge about it, he further admitted that he has not received additional complaint in this case regarding the stolen property, he further denied the suggestions put-forth by the defence counsel.
16. On scrutinizing the entire evidence on record, the evidence of P.w.1 shows that when himself and L.w.2 who is the wife of P.w.1 were went out, some unknown offenders committed theft of their
Gold, Silver Items, also Cash and mobile phone from their house, his evidence clearly establishes that the case-property ie., marked 14C.C.No.6162 of 2023 under Exs.P.2 to P.5 were committed theft from the house of P.w.1 and P.w.5/Investigation Officer has seized the case-property under the cover of Confession and Seizure Panchanama of A.Nos.1 and 2 in the presence of independent mediators ie., P.w.4 and L.w.6.
Here, the evidence of P.w.1 is corroborating with the evidence of
P.ws.2 to 5 and also with Ex.P.1 and Ex.P.8/FIR and the evidence of
P.w.2/Goldsmith, is corroborating with the evidence of P.w.5 in all material aspects. With the evidence of P.w.3, prosecution has able to prove and established the scene of offence ie., at Flat No.4,
Block No.2 beside Old Madannapet PS, Hyderabad where theft was committed.
17.Here, the defence counsel urged that, P.w.3 is the friend of
P.w.1, so, his evidence cannot be accepted, but merely admitting the fact that P.w.3 knew P.w.1 since ten (10) years is itself will not vitiate the core case of the prosecution and the contention of the defence in this aspect is not tenable and not acceptable.
Further, the evidence of P.w.4 is also consistent with the evidence of P.w.5 and his evidence is corroborating with the evidence of P.w.1 and P.w.5 with regard to the missing of case- property ie., Gold and Silver items, Cash and Phone and the same is recovered from the possession of A.Nos.1 and 2 respectively under the cover of Confession and Seizure Panchanama marked under Ex.P.7.
15C.C.No.6162 of 2023
18.After reading the cumulative evidence on record, the evidence of P.ws.1 to 5 is consistent and corroborating with each other regarding the apprehension of accused and also conducting Crime Details Form and also recording the Confession and Seizure Panchanama and also recovery of the stolen property under Exs.P.2 to P.5. So, here the evidence of P.ws.1 to 5 is trustworthy, consistent and free from embellishments.
19. Nothing is elicited by the learned Defence Counsel to disbelieve and discard the evidence of P.ws.1 to 5, so, there is a complete corroboration to the oral testimony and seizure panchanama under Ex.P.7 coupled with Exs.P.2 to P.5. Further, the defence counsel urged that the evidence of P.w.1 did not disclose the full details of items which are missing and not mentioned the same in his Complaint, but defence failed to cross-examine P.w.1 on that aspect, so, the contention of defence counsel is not tenable and not acceptable and defence counsel also contended that the evidence of P.w.4 is not corroborating with the evidence of P.w.5 and defence counsel also relied upon the decision in case between
Mustkeem @ Sirajudeen (Vs) State of Rajasthan - 2011 (Crl)
LJ 4920, wherein the Hon'ble Court held that "Section 27 reveals that recovery of material object on disclosure by accused - disclosure along does not connect accused with crime - closed link between material object discovered and its use in commission of offence has to be proved." 16C.C.No.6162 of 2023
And further relied in the case between SD Shabuddin (Vs)
State of Telangana, 2025 Lawsuit (SC) 1123, wherein the
Hon'ble Supreme Court held that "Conviction U/Sec.411 of I.P.C
cannot be sustained where the prosecution failed to establish theft
U/Sec.379 of I.P.C, recovery of unidentified Cash Rs.25000/- without proof of theft insufficient to establish stolen property."
After reading the above-mentioned decisions, the facts of the case and contention of defence counsel are not applicable to the facts of this present case and the same is not accepted.
20.In the present case, it can be safely held that A.Nos.1 and 2 have entered into the house of P.w.1 and committed theft of case-property. Hence, the prosecution has succeeded in proving the guilt of the accused Nos.1 and 2 for the Offence punishable
U/Secs.457 and 380 of I.P.C beyond all reasonable doubt.
21.However, the minor contradictions are bound to appear in the statements of truthful witness, due to lapse of time. So, simply because of that the whole testimony of the said evidence of P.ws.1 to 5 cannot be rejected. So, the point raised by the defence with regard to the evidence of P.w.3 who is the friend of P.w.1 and he knew P.w.1 since ten (10) years and the evidence of P.w.4 that case-property ie., Gold items, Silver items, Phones were shown to him in photographs and not shown the same to him physically 17C.C.No.6162 of 2023 during his chief-examination before the court, it will not affect the prosecution case, if there are any minor discrepancies in the evidence of prosecution witnesses that can be overlooked, if the evidence on record is inspiring the confidence of the court in all material aspects. It is notable point is that P.w.4 admitted that police have drafted the said panchanama upon his instructions.
P.w.4 also identified A.Nos.1 and 2 in the open court. It is general principle that non-production of case-property in a theft matter will not automatically vitiate the case of prosecution when the evidence of prosecution is clear, cogent and unimpeachable and when reliable chain of circumstantial evidence is intact and the absence of the physical property in court may not be fatal.
In this regard this court observed the guidelines as per decision in Sunderbhai Ambalal Desai (Vs) State of Gujarat, 2002 SLP (3) SCR-39= (2002) 10 SCC 283-Release of case- property to owner early (Interim custody) after taking photographs and detailed descriptions to prevent decay or loss, which can then serve as evidence in place of the physical item.
Moreover, photographs can be used as secondary evidence.
In this present case, case-property (recovered case-property) returned to P.w.1 through court order towards interim custody and photographs of the same is filed by the prosecution and same is accepted by this court, for ends of justice. So, physical production of case-property is dispensed with, so, this court relying on the decisions rendered in cases of (i) Sunderbhai (Vs) State of 18C.C.No.6162 of 2023
Gujarat (2002) 10 SCC 283 and General Insurance Council
(Vs) State of A.P (2007) 12 SCC 354.
22. In the present case, minor contradictions elicited from the evidence of P.ws.1 to 5 is noway helpful to the case of defence to disbelieve their version that they foisted a false case against accused in order to implicate the accused in this case or any enmity between P.w.1 and accused is not elicited from their evidence to establish that P.w.1 filed a false case against accused.
The recovery of stolen property at the instance of accused persons, the same is proved with the evidence of P.w.4/Mediator and
P.w.5/Investigation Officer, identification of stolen articles is proved, so, there is no good reason to discard the evidence of P.ws.1 to 5.
So, the evidence of P.ws.1 to 5 coupled with Exs.P.1 to P11, it is clear that accused Nos.1 and 2 committed this offence, so there is a complete corroboration to the oral testimony and seizure panchanama coupled with confession of accused Nos.1 and 2.
Hence, prosecution has succeeded in proving the guilt of accused for the offence punishable U/Secs.457 and 380 of I.P.C beyond all reasonable doubt.
23. In the light of the above discussion and in view of facts and circumstances, prosecution has produced the best available evidence to record conviction against accused, so basing on the material available on record, this court holds that prosecution in this case proved the nexus between accused Nos.1 and 2, seized 19C.C.No.6162 of 2023 property and the Offence with which accused Nos.1 and 2 are charged. The prosecution on whom the burden lies made out the case against the accused Nos.1 and 2 that accused committed said offence. Hence, accused Nos.1 and 2 in this case are liable for
Conviction U/Secs.457 and 380 of Indian Penal Code, for the ends of justice. Point is answered accordingly.
IN THE RESULT:-Accused Nos.1 and 2 are found guilty for
the Offence Punishable U/Secs.457 and 380 of Indian Penal
Code and accordingly, Accused Nos.1 and 2 are Convicted
for the said offence under the provisions of Sec.248 (2) of
Criminal Procedure Code.
The Bail Bonds of Accused Nos.1 and 2 if any, shall stands cancelled.
Case Property:-
The Case-Property ie., Gold and Silver Items, one I-Phone
and Cash (marked under Exs.P.2 to P.5 through photographs)
already returned to its Owner/P.w.1 towards Interim custody
Vide Crl.M.P.No. 1075/2023, Dt.4.7.2023 shall be made
absolute after expiry of Appeal time.
The Case-property i.e., Activa-5G Br.No.TS-12-EJ-3665
and One Cell Phone ie., VIVO Y-22 already returned to its
Owner ie., A.No.1 towards Interim custody Vide
Crl.M.P.No.1187/2023, Dt.25.7.2023.
20C.C.No.6162 of 2023
The Case-property ie., Bike Br.No.AP-09-CA-7901 and One
VIVO Peach Colour Phone shall be returned to its Real
Owner/accused/Authorized person (if not returned) upon
proper Proof, Identification and Acknowledgment and upon
filing an application by following due procedure, the said
case-property shall be made absolute after expiry of
Appeal time, if the said case-property is not received by the
concerned within six (06) months, the same may be
confiscated to the State.
Dictated partly and partly typed to my dictation by the
Stenographer, transcribed and typed by him, corrected and pronounced by me in the open court, on this the 31 st day of December, 2025.
VII ADDL.CHIEF JUDICIAL MAGISTRATE
HYDERABAD.
21C.C.No.6162 of 2023
Hearing on Quantum of Sentence :-
Accused Nos.1 and 2 are present in the court. Judgment
pronounced in the open court. This court heard the accused Nos.1
and 2 on quantum of sentence and also stated that accused Nos.1 and 2 are found guilty for the Offences punishable U/Secs.457 and 380 of Indian Penal Code and explained the sentence prescribed for the said Offences, opportunity given to the accused Nos.1 and 2 with regard to the quantum of sentence explaining the sentence prescribed for the Offences U/Secs.457 and 380 of Indian Penal Code.
Accused No.1 pleaded mercy of the court and further pleaded that he is having Wife, three (03) minor children and old aged mother and he further stated that he is working in Hotel as helper and he is the only earning member of his family and except him nobody is there to look after his family welfare.
Accused No.2 pleaded mercy of the court and further pleaded that he is having wife, three (03) minor children and he further stated that he is doing Welding work and he is the only earning member of his family and except him nobody is there to look after his family welfare.
Considering the facts and circumstances of the case and nature of Offence, this court is of the opinion that, it is not a fit case to apply provisions under Probation of Offenders Act and
Sec.360 of Cr.P.C. Under the facts and circumstances of the case, the said reasonspleaded by the accused Nos.1 and 2 and considering 22C.C.No.6162 of 2023 the submissions made by the accused Nos.1 and 2 and also defence counsel for the accused Nos.1 and 2, this court opined that the accused Nos.1 and 2 shall be given lenient view in imposing punishment, for ends of justice
IN THE RESULT:-
Accused Nos.1 and 2 are found guilty for the Offences
Punishable U/Secs.457 and 380 of Indian Penal Code and
accordingly, Accused Nos.1 and 2 are Convicted for the said
Offences under the provision of Sec.248 (2) of Criminal
Procedure Code. Accused Nos.1 and 2 are Convicted and
Sentenced to undergo Simple Imprisonment for a period of
Two (02) Years Each for the Offence punishable U/Sec.457
of I.P.C and Accused Nos.1 and 2 are further Sentenced to
pay a fine of Rs.5,000/- Each (Rupees Five Thousand Only)
for the said Offence, in-default of payment of fine amount,
accused Nos.1 and 2 shall suffer Simple Imprisonment for a
period of Three (03) Months Each for the said Offence.
Further, Accused Nos.1 and 2 are Convicted and
Sentenced to undergo Simple Imprisonment for a period of
Two (02) Years Each for the Offence punishable U/Sec.380
of I.P.C and Accused Nos.1 and 2 are further Sentenced to
pay a fine of Rs.5,000/- Each (Rupees Five Thousand
Only) for the said Offence, in-default of payment of fine
amount, Accused Nos.1 and 2 shall suffer Simple
23C.C.No.6162 of 2023
Imprisonment for a period of Three (03) Months Each for
the said Offence. All the above mentioned Sentences shall
run Concurrently. Total fine amount of Rs.10,000/- Each
payable by Accused Nos.1 and 2.
The Remand Period which was already undergone by
Accused Nos.1 and 2 shall be set off U/Sec.428 of Cr.P.C.
The Accused Nos.1 and 2 are informed about their
right of Appeal before the Hon'ble Sessions Court and also
informed about the right to get 'Free Legal Aid' through
Hon'ble Chairman, District Legal Services Authority, if they
have no-means.
Typed to my dictation by Stenographer, corrected and pronounced by me in the open court, on this the 31 st day of December, 2025.
*
VII ADDL.CHIEF JUDICIAL MAGISTRATE
HYDERABAD
: APPENDIX OF EVIDENCE:
: WITNESSES EXAMINED ON BEHALF OF PROSECUTION :
P.w.1Sudershan SinghDefacto-Complainant and Victim,
P.w.2Srinivas CharyGoldsmith,
P.w.3Bandi Jagadish GoudPanch witness for Crime Details Form along with rough sketch,
P.w.4P.Rajesh YadavPanch witness for Confession-cum- Seizure Panchanama of A.Nos.1 and 2,
P.w.5M.ArlappaInvestigation Officer.
24C.C.No.6162 of 2023
: WITNESSES EXAMINED ON BEHALF OF ACCUSED :
- NIL -
: DOCUMENTS MARKED ON BEHALF OF PROSECUTION :
Ex.P.1 : Complaint,
Ex.P.2 : Four (04) Positive Photographs (Containing Gold and Silver Items ie., (12) Gold Items, (02) Pair of Ear Studs, (09) Finger Rings,
Ex.P.3 : Seven (07) Positive Photographs ie., Silver Articles,
Ex.P.4 : One (01) Positive Photograph ie., one I-phone,
Ex.P.5 : One (01) Positive Photograph ie., Rs.35000/- Cash,
Ex.P.6 : Crime Details Form along with rough sketch of the scene,
Ex.P.7 : Confession and Seizure Panchanama, Dt.13.6.2023,
Ex.P.8 : First Information Report,
Ex.P.9 : Photograph of Activa Bike Br.No.TS-12-EJ-3665,
Ex.P.10 : Photograph of Bike Br.No.AP-09-CA-7901,
Ex.P.11 : Photographs of two (02) Cell phones make of Vivo Company.
: DOCUMENTS MARKED ON BEHALF OF ACCUSED :
- NIL -
: MATERIAL OBJECTS MARKED FOR PROSECUTION AND DEFENCE :
- NIL -
Sd/-
VII ADDL. CHIEF JUDICIAL MAGISTRATE
HYDERABAD
// TRUE COPY //
VII Addl.Chief Judicial Magistrate, Hyderabad