UMA SHANKAR Vs. STATE OF MP.

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 17.6.2004 passed by Sessions Judge, Guna in Cr.A. No. 363/03, whereby the judgment dated 8.7.2003 passed by CJM, Guna in Criminal Case No. 863/2000, whereby the petitioner was convicted for the offence punishable under section 379 of IPC by sentencing him to undergo three months RI and fine of Rs. 250/- was allowed in part and conviction was maintained and fine of Rs. 1,000/- was imposed, present revision petition has been filed.

(2.) CASE of the prosecution was that petitioner was found guilty for committing theft of walkman of complainant Dilip Kumar Yadav. After framing of charges and also after recording of evidence the offence was found proved and petitioner was convicted as stated hereinabove. An appeal was preferred against that order which was allowed in part and conviction was maintained and fine of Rs. 1,000/- was imposed, hence this revision petition.

(3.) IN alternative learned counsel submits that the petitioner is a poor person. It is submitted that looking to the age of petitioner and nature of offence benefit of Probation of Offenders Act be given to the petitioner.