ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner has filed this revision petition under section 397 of the Cr.P.C. against the judgment dated 20.12.1979 passed by the Additional Sessions Judge dismissing the petitioner's appeal under section 374 of the Cr.P.C. and upholding judgments dated 18.10.1978 and 23.10.1978 respectively of the Court of Mr. P.K. Dham, Metropolitan Magistrate, Delhi by which the petitioner was convicted and sentenced for the offence under section 411 of the Indian Penal Code . and directed him to undergo R.I. for one year.

(2.) Brief facts necessary to dispose of this petition are recapitulated: On 13.7.1974, a theft took place in the House numbering 1135, Chhata Madan Gopal belonging to Basant Lal (Public Witness 4) in which Rs.9,000.00 in cash, one golden necklace, one golden ring and four nose pins were stolen. Basant Lal lodged a report with the police on 17.7.1974. On 20.7.1974 the petitioner was arrested by the police and in pursuance of disclosure statement made by him Rs.l,800.00 were recovered from his house and further at his instance necklace, ring and nose pins were also recovered by the police. On the basis of further cross examination of the petitioner, Vijay Kumar was arrested by the police and in pursuance of the disclosure statement of Vijay Kumar on 21.07.1974 Rs.4,900.00 in cash, were recovered underneath the wheat bag from his shop.

(3.) Ashok Kumar, the petitioner pleaded not guilty and further denied in his statement under Section 313 that he pledged a golden necklace, golden ring and golden nose pins with Subhash Chand. According to him Rs. l,800.00 belong to him and he has also examined Sewak Lal (DW2) and Ganesh(DW3) in support of his defence. He further challenged the judgment of the courts below on various grounds. He submitted that he has been falsely implicated in this case. There has been a delay of 5 days in lodging the F.I.R. and this delay was not satisfactorily explained by the prosecution. As per the F.I.R. a theft in the house of Basant Lal (PW4) took place on 13.7.1974 and the said F.I.R. was lodged on 17th July, 1974. The appellant has not been named in the F.I.R.