ZAKIR HUSAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Mr. Aditya Prakash Sharma, Judicial Magistrate (Railways), Moradabad, vide his order dated 18-2-1983 convicted the appellant Zakir Hussain of an offence under Sec. 379 I.P.C. and sentenced him to rigorous imprisonment for a period of six months.

(2.) Criminal Appeal No. 85 of 1983 was preferred and came up for hearing before Mr. V.C. Jain, the then Sessions Judge of Moradabad, who dismissed it in toto, vide, his order dated 10-9-1984. Now the applicant-revisionist comes up to this Court through this revision, which has been admitted only on the point of sentence.

(3.) The prosecution story in brief was that on 20-8-1978 at about 4-30 p.m. when the complainant Manna Singh was standing near the over-bridge staircase on platform No. 2 at Moradabad Railway Station and was waiting for the train bound for Gajraula, the applicant who was also standing near-by in the crowd, picked his pocket and tried to bring out a sum of Rs. 50/- currency notes from the front shirt pocket of the complainant. He was immediately caught, as the complainant held his hand while it was still in his pocket. The currency notes were all recovered. The accused-applicant was taken to the police station Government Railway Police and was handed over there and the first information report was lodged. Usual investigation was made and then the case started.