ISRAK KHAN @ ISRAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 5.3.2009 passed by the 4th Additional Sessions Judge, Bhopal in S.T. No.602/08, whereby the appellant was convicted for the offence punishable under Section 411 of IPC and sentenced for one year's R.I. with fine of Rs.1,000.00. In default of payment of fine, three month's R.I. was also directed.

(2.) THE prosecution's case, in short is that, on 16.8.2008 the complainant Shanti Bai (PW-1) resident of Govindpura, Bhopal was going to Jahangirabad towards the house of her brother. In the way, one unknown person came on the motorcycle and snatched a golden chain and golden Mangalsutra from her neck. The complainant lodged an FIR at Police Station, Govindpura on the very same day. The complainant could not identify the culprit because he had covered his face by a helmet. After sometime, the police arrested the appellant and recovered a golden chain from him. The golden chain was duly identified by the complainant in the test identification. After due investigation, a charge sheet was filed before the J.M.F.C. Bhopal who committed the case to the Sessions Judge, Bhopal and ultimately, it was transferred to the learned 4 th Additional Sessions Judge, Bhopal.

(3.) 4th The learned Additional Sessions Judge after considering the prosecution's evidence acquitted the appellant from the charge of offence punishable under Section 392 of IPC, but convicted for the offence punishable under Section 411 of IPC and sentenced him as mentioned above.