HARI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal arises out of the judgment dated 6-5-1972 of the 2nd Temporary Civil and Sessions Judge, Saharanpur convicting Hari under Section 379 of the Indian Penal Code, and under Section 126 of the Indian Railways Act (hereinafter referred to as the Act) and sentencing him concurrently to one years' rigorous imprisonment and four years' rigorous imprisonment respectively.

(2.) THE evidence on the record was considered and the learned counsel for the parties were heard.

(3.) THE appellant pleaded not guilty and denied the prosecution allegations. According to him, he was falsely implicated earlier in another theft case by the G. R. P., Saharanpur, and as he was acquitted in that case, out of spite he has been falsely implicated in this case. The appellant did not examine any witness in his defence.