MEGHRAJ SAVAISINGH RAJPUROHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the impugned judgment and order rendered in Sessions Case No. 57 of 2005 by the Learned Additional District & Sessions Judge, Gandhinagar dated 14.12.2005 recording conviction of the appellant -accused for the offence under Section 392 read with Section 397 of the Indian Penal Code imposing the sentence of rigorous imprisonment for seven years and fine of Rs. 5,000/ -, in default, simple imprisonment for three months.

(2.) THE facts of the case briefly summarized are that on the day of incident, when the complainant was proceeding towards his hostel from college at about 7 O'clock as he was studying Second Years of Engineering in Dhirubhai Ambani College, Gadhinagar, two persons dragged him in the bushes and on the point of knife, he was robbed and snatched away his mobile phone, wrist watch and cash amount of Rs. 600/ -. After consulting with his professor as he is outside the State, he lodged complaint for the alleged incident, which came to be registered as C.R. No. I -18/2005 with Pethapur Police Station under Sections 394 and 114 of the Indian Penal Code. On the basis of said complaint, the investigation was started. At the conclusion of investigation, chargesheet came to be filed and, thereafter, the case was committed to the Court of Sessions Judge, where the Learned Sessions Judge framed the charge for the offence under Sections 394, 397 and 114 of the Indian Penal Code and under Section 135 of the Bombay Police Act and, thereafter, proceeded with the trial. After the recording of evidence of the prosecution witnesses was over, the Learned Sessions Judge recorded further statement of the accused person under Section 313 of the Code of Criminal Procedure, 1973. After hearing the learned Public Prosecutor as well as the learned Advocate for the defence, the learned Sessions Judge passed impugned judgment and order and sentenced him as stated above.

(3.) IT is this judgment and order, which has been assailed in the present Appeal on the grounds set out in detail in the memo of the Appeal.