AMAR SHRIVAS Vs. STATE OF M. P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 26/6/2015, by which the appellant has been convicted under Section 392 of IPC read with Section 13 of the MPDVPK, Act and has been sentenced to undergo rigorous imprisonment of five years and a fine of Rs.3,000/- with default imprisonment.

(2.) The necessary facts for disposal of the present appeal in short are that on 16/12/2013 at about 4 PM, the complainant-Ku. Surabhi Sikarwar was coming back from her coaching classes and when she reached in front of CP Colony, Leather Factory she was talking on her Samsung Galaxy phone with SIM No.9074281862 and 7691915970. All of a sudden three boys, who were riding on a motorcycle, came from behind and boy sitting on the back of the motorcycle snatched her mobile and went towards SLP College. The complainant lodged the report alongwith her father, which was registered as Crime No.822/2013. During investigation, one Discover motorcycle was recovered from the possession of co-accused Dangal Singh and a mobile of Samsung Company was recovered from the possession of the appellant. The police after completing the investigation, filed the charge-sheet for offence under Section 392/34 of IPC and under Section 11/13 of the MPDVPK, Act against the appellant and the co-accused Dangal Singh.

(3.) The trial court by order dated 30/10/2014 framed charges under Section 392 of IPC read with Section 13 of the MPDVPK, Act. The appellant as well as the co-accused abjured their guilt and pleaded not guilty.