ADI MALIK Vs. STATE

JUDGEMENT

(1.) Petitioner impugns order dated 19.03.2019 whereby the appeal of the petitioner impugning order dated 22.11.2017 convicting the petitioner of an offence punishable under Sections 454/380/34 IPC and sentencing him to Simple Imprisonment for a period of six months for each of the offences has been dismissed.

(2.) Learned counsel for the petitioner submits that the petitioner had pleaded guilty before the Trial Court on 22.11.2017 with the expectation that keeping in view the mitigating circumstances and settlement with the complainant, petitioner would be acquitted or a lenient view would be taken.

(3.) Learned counsel submits that petitioner had been arrested in one case and subsequently the present false case has been planted on the petitioner. Learned counsel further submits that the Trial Court erred in convicting the petitioner by order dated 22.11.2017 and recording his plea of guilt as the Trial Court had not yet reached the stage of framing of charge and as such could not have recorded any plea of guilt or otherwise in contravention of Section 240 and 241 Cr.P.C.