GABBU ALIAS DINESH Vs. STATE OF M.P

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under Section 14(a) of Madhya Pradesh Rajya Suraksha Adhiniyam (hereinafter referred to as 'the Act') vide judgment dated 9.8.2011 passed by the learned C.J.M., Mandla in criminal case no.1460/09, whereby he was sentenced for one years R.I. with fine of Rs. 200/ -. In criminal appeal no.100/11, vide judgment dated 17.12.2012 passed by the learned 1st Additional Sessions Judge, Mandla dismissed the appeal in toto. Being aggrieved with both the judgments passed by both the Courts below, the present revision is preferred.

(2.) THE prosecution's case, in short is that, the District Magistrate, Mandla vide order dated 17.4.2009 Ex.P/3 -C directed the applicant to leave the local limits of the District Mandla and adjacent distance of the District Mandla. The order was duly informed to the applicant. On 1.6.2009 at about 8:00 a.m. in the morning, A.S.I. Shiv Naresh Upadhyay (PW -2) found that the applicant was found strolling in Seetaram Ward, Mandla and therefore he was arrested. After due investigation, a complaint was filed by the S.H.O. Police Station, Mandla against the applicant.

(3.) THE applicant abjured his guilt. He did not take any specific plea in the case, but he has stated that he was falsely implicated in the matter. However, no defence evidence was adduced.