GOTILAL DALCHAND JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present Revision under Sec. 397 of the Code of Criminal Procedure, the Applicant has impugned the Judgment and Order dated 3rd Aug., 2002 passed by the learned Additional Sessions Judge, Greater Mumbai in Criminal Appeal No. 124 of 2001, dismissing the said Appeal and confirming the Judgment and Order dated 20th April, 2001 passed by the learned Metropolitan Magistrate, 14th Court, Girgaon, Mumbai in Criminal Case No. 119/P/1999, convicting the Applicant for the offence punishable under Sec. 411 of the Indian Penal code (for short, "I.P.C.") and sentenced him to suffer rigorous imprisonment for one year and to pay a fine amount of Rs.1,000.00 in default of payment of fine, to further undergo rigorous imprisonment for three months.

(2.) Heard Mr. Desai, the learned counsel for the Applicant and the learned APP for the State. Perused the entire record.

(3.) Prosecution case in nutshell is that, P.W. No.1 Shri Nitin Ajmera had lodged a complaint with the Gamdevi police station on 25th May, 1999 regarding theft of various articles including gold ornaments, committed at his residence on or before 23th May, 1999. In his complaint, the informant had expressed suspicion against two of his maid servants, earlier working with him in his house. During the course of investigation, one of the servants namely Deepak (Accused No.1) came to be arrested from his native place on 26th May, 1999 and substantial articles, including jewellery items were seized at his instance.