RAKESH NATH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision has been filed by the petitioner under Sec. 397 read with 401 of Code of Criminal Procedure (in short " Cr.P.C ) against the impugned judgment dtd. 18/9/2013 passed by Sessions Judge, Shajapur in Criminal Appeal No. 371/2013 by which the judgment dtd. 17/8/2013 passed by CJM, Shajapur in Criiminal Case no. 883/2013 has been confirmed, by which the petitioner had been convicted under Sec. 379 of the Indian Penal Code (in short"the IPC") and sentenced to undergo two years rigorous imprisonment with fine of Rs.500.00, in default of fine, further undergo 15 days rigorous imprisonment.

(2.) Brief facts of the case are that complainant Deepak Rathore was the manager of the hotel Maharaja situated and owned by Vaibhav Dubey. On 28/4/2013 in the morning, Vaibhav Dubey called Deepak Rathore in his home and informed that four iron cages were kept out of his house in the night and the same were not found there in the morning. Threafter, the complainant lodged FIR at police station Shajapur. During investigation, stolen cages were recovered from the possession of present petitioner / accused. Accordingly, the aforementioned offence was registered against him.

(3.) After conclusion of the investigation, charge-sheet was filed against the petitioner before the C.J.M. Shajapur, who framed the charges under Sec. 379 of IPC against the petitioner. The petitioner abjured his guilt and took a plea that he has been falsely implicated in this case. After trial, the petitioner was convicted under Sec. 379 of IPC and sentenced two years R.I with fine of Rs.500.00 with default stipulation. Being aggrieved by said judgment, the petitioner preferred Criminal Appeal before the Sessions Judge, Shajapur, who maintained the conviction and the sentence regarding the petitioner under Sec. 379 of IPC. Being aggrieved by the said judgment, the petitioner has preferred present revision before this Court.