SHAILENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this Criminal Revision under Section 397 read with Section 401 of Cr.P.C. being aggrieved by judgment dated 12.10.2018 passed by 6th Additional Sessions Judge, Rewa in Criminal Appeal No.135/2018, whereby affirmed the conviction under Section 224 of I.P.C. and sentenced to undergo R.I. for 1 year passed by the Court of JMFC, Rewa vide judgment dated 30.07.2018 in Criminal Case No.3652/2013.

(2.) The case of the prosecution against the applicant, in short, is that the applicant was undergoing life imprisonment in Central Jail, Rewa in another case. He was released on temporary parole on 15.05.2013 for a period of 16 days, but not appeared in the jail after lapse of 16 days. Thereafter, Superintendent of Central Jail, Rewa sent a written letter to Police Station Civil Lines, Rewa alleging therein that the prisoner did not appear in the jail after elapsed of a period on which he was temporary released. Police Station Rewa registered the case as Crime No.329/2013 against the applicant for the offence under Sections 224 and 106 of IPC and Section 31 (? -) of Prisoners Act and started investigation. The applicant was arrested on 30.09.2013, thereafter, he has been sent to jail for undergoing the remaining part of the sentence. After investigation charge-sheet has been filed against the applicant in the Court of JMFC, Rewa registered as Criminal Case No.3652/2013.

(3.) Learned trial Court after completion of trial delivered a judgment on 30.07.2018 convicted the applicant for the offence punishable under Section 224 of IPC and sentenced to undergo R.I. for 1 year and mentioned in the judgment that this sentence is in addition to the sentence for which, the applicant was previously convicted and undergoing the sentence and mentioned this fact on the sentence warrant too. Being aggrieved by that conviction and sentence, the applicant preferred an appeal registered as criminal appeal No.135/2018. Learned appellate Court after hearing both the parties delivered a judgment on 12.10.2018 and affirmed the conviction and sentence passed by the trial Court.