THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 112 of 2002 JUDGMENT: 1. This appeal, by the State, is preferred challenging the judgment dated 22.08.1997 in Sessions Case No.193 of 1992 on the file of the Metropolitan Sessions Judge, Visakhapatnam. 2. The brief facts that are necessary for disposal of this Criminal Appeal may be stated as follows: One Eluru Lakshmi Devi is the mother-in-law of one Margana Vijaya Kumar and mother of Krishnabai and they were residing in a house bearing door No.25-40-2, Godavari Veedhi, near Krishna Talkies, Vishakhapatnam. Krishnabai is having a small child and both Vijaya Kumar and Kishnabai are employed in Rock Labour Board, Vishakhapatnam and they used to leave the house together at 9.30 A.M to the office and used to return to the house for lunch by 12.30 P.M. and used to leave the house by 1.30 PM after lunch. During their absence, Lakshmi Devi, who was aged 30 years by the date of incident, used to remain in the house looking after the child. On 23.1.1991 as usual, Vijay Kumar and his wife Krishnabai went to their office and at about 12.30 PM both of them returned for lunch and left the house at about 1.30 P.M. Thereafter, they received a message that a theft occurred in their house and immediately Vijay Kumar and Krishnabai returned to the house and found Lakshmi Devi with bleeding from her mouth sitting in front of the main door of the house and was crying. When they asked as to what happened, she was said to have stated to them that after they left the house for the office for the afternoon session, 4 persons entered into the house stating that they have to obtain the signatures of Vijay Kumar on some papers and one of the persons caught hold of her neck and took her towards kitchen and prevented her from raising cries by gagging her mouth and threatened to kill her and the 3 years child i.e., her grand- daughter, if she raises cries and thereafter all the 4 persons tied her hands and legs and removed 6 gold bangles each weighing one tola and a gold buttala golusu weighing 2 ½ tulas from her person and they covered the face of Lakshmi Devi with a bed sheet and then demanded her for the keys of almyrahs, and when she pleaded ignorance, one of the persons pointed a knife at her abdomen and the other persons opened the doors of iron alymyrah and committed theft of 4 gold bangles, one black beads chain, and another black beads chain with gold locket and an electronic table watch kept on the almyrah attached to the wall and thereafter they left the place. After sometime, she managed to get herself released and able to raise cries, and on hearing her cries, the neighbours came and then informed Vijaya Kumar and his wife. Thereafter Vijaya Kumar took Lakshmi Devi to I town P.S. and lodged a report. Thereupon, police registered the case, took up investigation, sent the injured Lakshmi Devi to the hospital, and visited the scene of offence, prepared rough sketch of the scene of offence, seized blood stained bed sheet, black ribbon, red colour baby drawer under an observation report, arrested seven persons, recovered the case property, recorded statements of accused in the presence of mediators, got conducted test identification parade and after completion of investigation, the charge sheet was laid for the offences punishable under Sections 394 r/w. 397, 450, 461, 342 or 411 I.P.C. 3. The case of the accused is one of denial. 4. To substantiate its case, the prosecution examined P.Ws. 1 to 11 and got marked Exs.P1 to P15 besides case property M.Os. 1 to 6. No oral or documentary evidence was adduced on behalf of accused. 5. The trial Court, upon considering the evidence on record, found the respondents/accused not guilty of the charges leveled against them and accordingly acquitted them. Challenging the same, the present criminal appeal is preferred by the State. 6. Heard both sides. 7. The learned counsel representing the Public Prosecutor rightly conceded the acquittal of the respondents of the charges under Sections 394 read with 397 I.P.C. because there is no evidence to show that the respondents are the assailants of Eluru Lakshmi Devi, and in view of the fact that she died before commencement of trial in the case and there are no other eye- witnesses to the incident. The contention of the learned counsel representing the Public Prosecutor is that that the accused were found in possession of M.Os. 1 to 3, which are stolen articles, and in view of the fact that the prosecution established its case beyond reasonable doubt that the articles were shown to be in possession of the respondents/accused, the burden shifts on to the accused under Section 114A of the Indian Evidence Act, 1872, but the accused have not discharged the same, and therefore the presumption is that the accused are either thieves or receivers of stolen property. 8. On the other hand, the learned counsel for the respondents/ accused contended that the recovery appears to be a make believe one; that there is no evidence to show that which article was seized from which of the accused; that though the case of the prosecution is that the gold ornaments M.Os. 1 to 3 were old articles, new articles were produced before the trial court, and therefore it is not safe to place any implicit reliance on the evidence of the investigating officer alone so as to base the conviction, and so the trial court rightly acquitted the accused and there are no grounds to interfere with the same. 9. There cannot be any dispute that, in dealing with the appeals against the order of acquittal, the appellate court is slow in interfering with the orders for the reason that there is presumption under law that the accused is presumed to be innocent, and that presumption is further strengthened by the orders of the acquittal. No doubt, the appellate court has got full powers to re-appreciate the evidence, but, unless it is shown that any finding is perverse or not based upon any admissible evidence on record, or inadmissible evidence has been taken into consideration, normally this court would not interfere with the order of acquittal. 10. The entire case of the prosecution rests upon the evidence of the investigating officer. There is no law that evidence of the investigating officer has to be disbelieved or discarded on the sole ground that he is a police officer. The law is well settled that the evidence of a police officer has to be appreciated like that of any other witness. If the evidence of police officer is found to be true and trustworthy and can be put in the category of ‘wholly reliable’, there is no difficulty in accepting his evidence even without corroboration. The mediator for seizure of articles from the accused, did not support the case of prosecution in the sense that he did not state which material object was seized from which of the accused. There are seven accused, who were allegedly arrested by the investigating officer and three ornaments were seized from them. In such circumstances, the mediator ought to have stated that which article was seized from which of the accused. Therefore, the only evidence available on record is the evidence of the investigating officer. The trial Court disbelieved his evidence on the ground that the mediator’s report was not scribed by the mediators, but it was scribed by Station Writer to the dictation of the Inspector of Police, who is the investigating officer. Further more, the ornaments that were produced before the court appear to be new ones. Even according to the case of prosecution, the used ornaments of the deceased person were committed robbery by the assailants. Therefore, in those circumstances, the trial court rightly has not placed any reliance on the evidence of the investigating officer. None of the findings is shown to be illegal or improper or not based on evidence on record. In the absence of the same, there are no grounds to interfere with the findings of the trial court. 11. The Criminal Appeal is devoid of merit and is, accordingly, dismissed, confirming the judgment dated 22.8.1997 in Sessions Case No.193 of 1992 on the file of the I Additional Metropolitan Sessions Judge, Visakhapatnam. ------------------- K.C.Bhanu, J. 14.10.2009 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 112 of 2002 Date: 14.10.2009 Between: State, rep. by the Public Prosecutor, High Court of A.P., Hyderabad. …Appellant And Kota Satyanand @ Manda & others …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No. 112 of 2002 14.10.2009