SURESH KUMAR Vs. STATE

JUDGEMENT

(1.) THE appellant Suresh Kumar, a young lad of 18, was tried upon a charge under Section 379, penal Code, and upon his conviction was awarded a sentence of five years' rigorous imprisonment because he admitted two previous convictions.

(2.) THE appellant was found guilty of picking the pocket of Mehr Chand at the Railway Station ambala Cantonment. Mehr Chand stated that he left the train to take his meal and as he was about to re-enter his compartment he felt a pull at his waist-coat pocket. The door of his compartment was crowded and on putting his hand in his pocket he found that his money was stolen. The appellant was near-by and was seen trying to slip away, He was at once caught and a ten-rupee note and a piece of five-rupee note which had been stolen from the complainant's pocket were recovered from him. A razor was also found upon his person.

(3.) THERE can be no doubt whatsoever that the appellant stole two currency notes from the pocket of Mehr Chand. The five-rupee note was cut into two pieces while the appellant was trying to cut the complainant's pocket. The appellant's conviction under Section 379', Penal Code, must therefore be upheld.