DHARMENDER SINGH Vs. STATE

JUDGEMENT

(1.) The present petition is filed against the judgment dtd. 22/3/2014 (hereafter 'impugned judgment') passed by the learned Additional Sessions Judge ('ASJ'), Karkardooma Courts, Delhi in Criminal Appeal No. 52/2014.

(2.) By the impugned judgment, the learned ASJ upheld the judgment dtd. 21/12/2012 and order on sentence dtd. 22/12/2012 passed by the learned Magistrate whereby the petitioner was convicted for the offence under Sec. 411 of the Indian Penal Code, 1860 ('IPC') and was sentenced to undergo rigorous imprisonment for a period of 1 year and to pay a fine of Rs.2,000.00 and in default of payment of fine to undergo simple imprisonment for a period of 2 months.

(3.) Briefly stated, on 1/4/2004, FIR No. 126/2004 was registered at Police Station Anand Vihar on a complaint given by one Kusum Verma for the offence punishable under Sec. 380 of the IPC regarding theft of Nokia 8310 mobile phone belonging to the then Presiding Officer, MACT Court, Karkardooma Court from the Chamber attached with Court No. 4. During the course of investigation, the details of the SIM used in the said mobile phone was obtained and the IMEI number of the stolen mobile phone was also found.