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The present case was registered and investigation of the case commenced. After the investigation, the police filed the chargesheet against the accused for the offences punishable u/s 457/380/511 IPC. The prosecution has thus alleged that the accused committed house breaking by night with an intent to commit theft and had attempted to commit theft in the house of complainant.

2. The Court had taken cognizance of offence under 457/380/511 IPC and issued process to the accused. Upon appearance of the accused, complete set of charge sheet and other documents were supplied to the accused. After hearing arguments, charge for offences punishable under section 457/380/511 IPC was framed against the accused by the Ld. Predecessor, to which he pleaded not guilty and claimed trial.

9. On the other hand, Ld. LAC for the accused argued that the accused was falsely implicated in the case as there are several discrepancies and material contradictions in the deposition of the prosecution witnesses which create grave suspicion about the prosecution's case.

FINDINGS AND REASONS THEREOF:

10. I have gone through the materials on record and heard the arguments. accused has been indicted for the offences u/s 380/457/511 IPC.

11. It is a well settled legal principle that the prosecution has to prove its case beyond all reasonable doubts & has to stand upon its own legs. The prosecution cannot draw any strength from the case of the accused howsoever weak it may be. It is also a well settled principle of law that the burden of proof in a criminal trial always rests upon the prosecution & the same never shifts on the accused.

19. Therefore, in the light of the aforesaid facts & circumstances, the Court is of the considered opinion that the prosecution has failed to prove its case against the accused beyond all reasonable doubts. Consequently, accused Vikki Kumar is entitled to the benefit of doubt & is hereby acquitted of the offences punishable U/Sec. 380/457/511 IPC.

20. Accused to furnish bail bonds in compliance of Section 437-A Cr.PC.

Pronounced in open Court on 08.11.2023.

The Judgement contains 11 pages and each page has been signed by the undersigned. HIMANSHI Digitally signed by HIMANSHI TYAGI TYAGI Date: 2023.11.08 16:22:39 -