A Court in Kotputli Behror District, Rajasthan, has convicted an accused for theft under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023, within 5 days of the chargesheet filing, holding that the prosecution had proved beyond a reasonable doubt that the accused dishonestly took and retained the complainant’s motorcycle without consent. The judgment was delivered by Additional Chief Judicial Magistrate Simran Kaur, Kotputli, arising out of an FIR registered at Police Station Paniyala.
The case stemmed from a complaint that the accused, who had been working for the complainant, took away a motorcycle and repeatedly denied having done so, prompting the filing of the FIR after nearly two months.
While the defence argued that the delay in lodging the FIR, the absence of independent witnesses, and an alleged wage dispute cast doubt on the prosecution’s case, the Court rejected these submissions and held that the delay had been satisfactorily explained.
Significantly, the Court placed reliance on audio-video recordings of seizure and recovery conducted through the e-Sakshay application, accompanied by certificates under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023. The Court observed that the electronic evidence, including verified hash values, location data, and in-court playback of recordings, ensured authenticity and ruled out allegations of tampering.
Rejecting the plea for probation, the Court sentenced the accused to two years’ simple imprisonment and a fine of ₹5,000, noting the rising incidence of theft and the breach of trust involved, as the accused was known to the complainant.
Appearances
Accused- Sh. Ranjeet Meena
