LAW FOR ALL

Sections 380 and 451 of the IPC = alleged recovery of gold chain at his instance. That cannot connect the appellant to the theft. The Trial Court has stated that since chain was recovered at the instance of the appellant, the only inference which can be drawn is that he committed the theft. Drawing such inference in the facts of this case would be totally unjust. Pertinently, PW8 from whose shop the chain is said to have been recovered has turned hostile. = FIR was registered after about sixteen days from the date of alleged theft. PWs-1 and 2 did not even realize that the chain was stolen. It is only when the accused were brought to their house after about sixteen days that they realized that the chain was stolen and FIR was lodged. The chain in question was being worn by PW2. It is stated to have been stolen while she was sleeping. It is inconceivable that she would not realize that she had lost her chain. The incident in our view is not unfolded truthfully. A1 and A3 have been rightly acquitted because nothing links them to the offence. But, similar is the case with the appellant. The only evidence against him is the alleged recovery of gold chain at his instance. That cannot connect the appellant to the theft. The Trial Court has stated that since chain was recovered at the instance of the appellant, the only inference which can be drawn is that he committed the theft. Drawing such inference in the facts of this case would be totally unjust. Pertinently, PW8 from whose shop the chain is said to have been recovered has turned hostile. Thus, the prosecution is relying only on police witnesses. In this case, it is unsafe to do so. = Grave doubt is, therefore, created as to whether the appellant could be involved in the offence of theft. We are, therefore, of the view that benefit of doubt must be given to the appellant and he must be acquitted. - We, therefore, allow the appeal. The impugned judgment and order is quashed and set aside. The appellant is acquitted of the offences under Sections 380 and 451 of the IPC. The appellant is in jail. He is directed to be released forthwith, unless he is required in any other case.