RAJESH GEVARCHAND LUNIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is facing trial for offence punishable under Section 413 of the Indian Penal Code, in the Court of Sessions at Pune vide Session Case Nos.27 of 2014 and 26 of 2014, respectively.

(2.) Learned counsel for the applicant submits that the applicant should not have been chargesheeted for the offence punishable under Section 413 of the IPC, for allegedly habitually receiving stolen property unless he is convicted for the offence under Section 411 of IPC. Habitual Offender under The Bombay Habitual Offenders Act, 1959 is defined as under :

(3.) The learned APP submits that there is no conviction recorded against the applicant so far. It is, therefore, obvious that the applicant could not have been charged for the offence punishable under Section 413 of the IPC. Learned Counsel for the applicant has relied upon the judgment in case of Banne Singh @ Pahalwan -vs- State of Rajasthan, in Criminal Appeal No.1254 of 2008 decided on 15th January, 2014. The Division Bench of Rajasthan High Court while dealing with the same issue has observed in paragraph No.49 as under :-