DHARMENDRA JAIN Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER has filed this revision petition under section 397, 401 of the 1 Code of Criminal Procedure against the impugned order dated 30.10.2003 I passed by VI Addl. Sessions Judge, Gwalior in Cr. A. No. 158/03 whereby dismissed the appeal filed by the applicant against the order passed by CJM, Gwalior in Criminal Case No. 308/02 on 28.8.03. In the criminal case, the CJM vide order dated 28.8.03 convicted the applicant under section 379 of the Indian Penal Code ("Code" for short) and sentenced him to undergo one year's R.I. and to pay a fine of Rs. 1,000/- in default of payment of which to further undergo 2 month's imprisonment. In appeal the lower appellate Court also maintained the conviction, fine and jail sentence and dismissed the appeal, against which the applicant has filed this revision petition.

(2.) SUBMISSION of the learned counsel for the applicant is that there was no intention on the part of the applicant to commit the crime, but, the crime was committed unknowingly. He further submitted that it is not a case of theft but the applicant had taken away the vehicle under the wrong impression that it is the vehicle of his friend who had instructed him to use the same to take his mother for treatment to cancer hospital and therefore, technically the offence is committed under misunderstanding and wrong impression. He further submitted that the report of theft was lodged at 2.30 p.m. and the said vehicle was recovered on the same day at 3.45 p.m. and he also submitted that the applicant is a businessman residing in the same locality and it is a technical type of crime occurred due to misunderstanding and therefore he prayed that the conviction and fine amount awarded to the applicant may be maintained and he may be released on the jail sentence already undergone by him as he has already suffered more than 45 days of jail sentence.

(3.) THIS revision petition stands disposed of accordingly. Consequently, M.Cr.P. No. 2075/03 has become infructuous and is accordingly dismissed.