(1.) CHALLENGE in this appeal is to the impugned judgment dated 26th February, 2013 and order on sentence dated 2nd March, 2013 in Sessions Case No. 17/11 arising out of FIR No. 278/10 whereby the appellant was convicted under Section 328/379/34 IPC and was sentenced to undergo rigorous imprisonment for 5 years with fine of Rs.10,000/ - in default to undergo simple imprisonment for 6 months under Section 328/34 IPC and 3 years rigorous imprisonment u/s 379/34 IPC. Both the sentences were to run concurrently. The appellant was granted benefit of Section 428 of Code of Criminal Procedure.
(2.) PROSECUTION case succinctly stated is as follows: -
(3.) ON 25th June, 2010, accused Ravi Prakash @ Ravi was arrested from Mangalam Road and a Laptop and five credit cards were recovered from his possession. The accused also got recovered Honda Civic car of the complainant from village Paliya, District Kheeri. After completing investigation, charge sheet was submitted against the accused u/s 328/379 and 411 IPC.