RAJINDER KUMAR ALIAS LOVELY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been preferred by Rajinder Kumar alias Lovely. He along with one Sachin Kumar son of Darshan Kumar was put to trial in case FIR No. 14 dated 23.1.2005 registered at Police Station 'B' Division, Amritsar under Sections 379/411 IPC. The trial Court found them guilty of offence under Section 411 IPC and sentenced them to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- each. In default of payment of fine, they were ordered to undergo simple imprisonment for seven days.

(2.) Both the convicts filed separate appeals. Learned Sessions Judge, Amritsar accepted the appeal filed by Sachin Kumar and acquitted him of the charge by giving benefit of doubt, whereas after upholding the conviction and sentence awarded to the present petitioner dismissed the appeal.

(3.) In the present case, FIR was lodged on the statement made by Paramjit Singh Walia, Advocate. It was stated in the FIR that on 21.1.2005 at about 9.00 P.M., complainant had gone to attend the marriage of his colleague Rajan Kataria at a place known as Prince International. He had gone in his maruti car bearing registration No. PCC 5252. Complainant was accompanied by Rajbir Singh son of Diwan Singh. Complainant had parked his car at a distance of 20 meters away from the venue and went inside. After taking his meals, when he returned back to go to his house, his car was not found. He searched for his car but could not trace out the same. Complainant searched for his car along with his friend also but their efforts proved futile. Therefore, he gave the complaint in the police station on 23.1.2005 at 9.00 P.M.