MOULASAB Vs. THALAK POLICE STATION

JUDGEMENT

(1.) In this Criminal Revision Petition, Judgment and order dated 16.1.2010, in Crl.A.No.59/2008, passed by the learned Additional District and Session Judge, Fast Track Court, Chitradurga has been challenged. The learned Appellate Judge has affirmed the Judgment and order of the learned JMFC., Molakalmuru, dated 27.6.2008, passed in C.C.No.291/2006, whereby, the petitioner and another person was found guilty of an offence under S.379 IPC and sentenced to undergo one year and three months simple imprisonment and pay fine of Rs. 3,000/- and in default, to undergo three months further simple imprisonment.

(2.) Sri H. Kantharaja, learned advocate, argued that, the Appellate Judge in an appeal directed against the order of conviction is required to arrive at an independent conclusion, on reappraisal of the entire evidence, which is not the case herein. He further submitted that the learned Appellate Judge has decided the appeal most casually and also in an un-judicious manner and hence, interference is warranted.

(3.) Sri Vijayakumar Majage, learned HCGP, on the other hand, supported the impugned Judgments and sought dismissal of the petition.