RAKESH TOMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants have challenged the judgment dated 21.12.2004 passed by the Additional Sessions Judge, Bhopal in Criminal Appeal No.149/2003 whereby the appeal was dismissed and the judgment dated 30.8.2003 passed by the JMFC Bhopal in Criminal Case No.327/2002 was affirmed whereby each of the applicant has been convicted of offence under Section 392 read with Section 34 of IPC and sentenced to 6 months%u2019 RI with fine of Rs.500/-.

(2.) The prosecution case, in short, is that on 30.8.1999 at about 11:30 PM complainant Vinod Mishra (PW-1) was going to his house from his shop by Moped in Bhopal city. When he reached near the cooperative administrative institute, two persons riding on motorcycle over took his vehicle and detained him. They asked for some money and thereafter one of them took a sum of Rs.1250/- from his pocket and sum of Rs.1250/- was returned to the complainant. The complainant had lodged an FIR Ex.P-1 within one hour and thereafter the applicants were arrested and on their confessional memo under Section 27 of the Evidence Act a sum of Rs.135/- was recovered from the applicant Rakesh and sum of Rs.50/- was recovered from Siddharth Mudgal. The motorcycle was also recovered from the applicant Rakesh. After due investigation a charge sheet was filed.

(3.) The applicants abjured their guilt. They did not take any specific plea, however they have stated that they were falsely implicated in the matter.