RAVINDER Vs. STATE

JUDGEMENT

(1.) On being convicted by the learned Trial Court for the offence punishable under Sec. 356/379 Penal Code and sentenced to undergo RI for two years for the offence punishable under Sec. 356 Penal Code and RI for three years for the offence punishable under Sec. 379 Penal Code and appeal also being dismissed by learned ASJ vide impugned order dated Nov. 29, 2014, the revisionist herein has invoked the jurisdiction vested in this Court under Sec. 397 Crimial P.C. r/w Sec. 401 Cr.P.C.

(2.) The case FIR No. 182/2012 was registered at PS Saket on the basis of statement made by Smt. Reeta the complainant against the petitioner/convict Ravinder for commission of offence punishable under Sec. 356/379/411 IPC. On the date of occurrence i.e. June 08, 2012 the complainant along with her brothers and family was going to Itawa in a car.

(3.) Since the complainant suspected that her jhumki had been swallowed by the petitioner, his X-ray abdomen was advised. X-ray disclosed 'foreign object' present in abdomen. After repeated X-rays and keeping him under observation, ultimately, the jhumki (in pieces) was recovered when he passed stool on June 11, 2012. Some pieces of jhumki were recovered at 5:30 AM and remaining at 6:30 PM. After getting the jhumki cleaned, it was sealed and seized. During investigation it was also identified by the complainant during Test Identification Parade (TIP).