HARESHBHAI BABUBHAI RAMANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Devnani, learned Additional Public Prosecutor for the respondent State waives service of notice of rule.

(2.) Present Criminal Revision Application has been filed by the applicant original convict challenging the judgment and order dated 31/03/2016, passed by the learned Additional Sessions Judge, Court No. 14, City Sessions Court, Ahmedabad in Criminal Appeal No. 133 of 2009, whereby, the learned Sessions Judge was pleased to confirm the judgment and order dated 02/06/2009, passed by the learned Metropolitan Magistrate, Court No. 5, Ahmedabad in Criminal Case No. 385 of 2008, whereby, the learned Magistrate convicted the applicant for the offence punishable under Section 379 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced to undergo simple imprisonment for three months and a fine of Rs.500/ and in default of payment of fine, to undergo, further simple imprisonment for four days.

(3.) Brief facts of the case of the original complainant is that on 09/10/2007, between 12:00 and 12:30 p.m., the applicant accused went to the office of the Executive Magistrate, situated at Gheekanta, Ahmedabad and requested the complainant to show the papers of Bapunagar Police Station Chapter Case No. 535/04, Court Case No. 12861 of 2004 and when the complainant went for taking signature, allegedly stole some original papers and bunch of statements in the form of xerox copies of Case No. 12861 of 2004 and thereby, committed the offence alleged against him, for which, a complaint came to be lodged.