ANKUR ALIAS ANSHU Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under Section 379 of IPC vide judgment dated 1.8.2012 passed by the learned J.M.F.C. (Smt. Usha Tiwari) in criminal case no.11978/06 and sentenced for one year's R.I. with fine of Rs.500/-. In criminal appeal no.727/12, the learned 5 th Additional Sessions Judge, Bhopal vide judgment dated 18.2.2013 dismissed the appeal in toto. Being aggrieved with the aforesaid judgments, the applicant has preferred the present revision.

(2.) The prosecution's case, in short is that, on 17.9.2006 at about 7:30 a.m. the complainant Qamar Khan was strolling on VIP Road Bhopal, when he reached to the end of Kinara Apartment, two boys came on the motorcycle and pillion rider had snatched a mobile of the complainant. The complainant rushed to the Police Station Kohefiza, Bhopal and lodged an FIR Ex.P/1. After sometime, the applicant was arrested on 20.10.2006 and he informed that the mobile was kept with co-accused Ankur. Thereafter, the co-accused was also arrested and mobile was seized from the co-accused. On 26.10.2006, test identification parade was conducted in the Central Jail, Bhopal by the Executive Magistrate, Shri Alok Pare (PW-6), where the complainant Qamar Khan had identified both the accused persons amongst other ten persons. After due investigation, a charge sheet was filed before the trial Court.

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