(1.) 28.02.2012 This petition has been preferred against judgment dated 14.03.2002 passed by First Additional Sessions Judge Katni in Criminal Appeal No.96/2001 convicting the petitioner under Section 379 of IPC and sentenced to 6 months R.I. and with fine of Rs.500/ by confirmed the judgment dated 30.04.2001 passed by JMFC Katni in Regular Criminal Case No.381/2000.
(2.) FACTS of the case, in short, are that on 23.01.99 while Gaya Prasad (PW 1) was traveling in shuttle train going from Katni to Maihar was subjected to pick pocketing by the petitioner. PW 1 immediately raised alarm and caught the petitioner on the spot along with his purse caring Rs.600/ and some other identity card, photographs, etc., while he was trying to run away. 2 Cr.R. No.425/2002
(3.) IN view of the aforesaid facts and circumstances of the case, for an offence under Section 379 of IPC of picking pocket in running train, jail sentence of 46 days seems to be just, proper and sufficient. However, fine amount is enhanced from Rs.500/ to 1,500/ , in default of payment of fine petitioner shall undergo 1 month simple imprisonment.