MUKESH YOGI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed under Section 397/401 Cr.P.C. against the order dated 6.9.2008 passed by the learned Judicial Magistrate (I) No. 1 (South) Kota in Regular Case No. 249/2007 whereby the petitioner has been convicted for the offence under Section 392 IPC and sentenced to three yeas simple imprisonment and a fine of Rs. 500/ - and also against the judgment dated 25.1.2010 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Kota in Appeal No. 37/2008 upholding the judgment of the trial court.

(2.) BRIEFLY stated the facts, for the disposal of the present petition, are that on 19.8.2007, a written report was filed by the complainant - Abdul Kayyum at Police Station Kunhari, Kota alleging therein that on the same day at about 8.00 p.m., while the complainant was going to his house at Chhavani Kota on his motor cycle and when he reached from Rabripur to Shotiya Talai near Dabi Road, three boys who were following him on their motor cycle, stopped him and snatched away mobile phone NOKIA 7610 and Rs. 3,995/ - from his pocket and also took away his motor cycle on the point of knife and country -made pistol. After 10 -15 minutes of the incident, one truck RJ 20 G 2540 loaded with stones reached at the spot and in that truck he reached at Gujaron Ke Dhabe near Army Camp and informed about the incident to his friends Abdul Naeem and Hariramji. After some time, a jeep of the police reached there in which he reached the police station and lodged the complaint. He also stated in the complaint that if the accused come in front of him, he can recognize them.

(3.) DURING the course of trial, the prosecution examined as many as 16 witnesses and produced certain documents. After close of the prosecution evidence, the accused was asked to explain the circumstances appearing against him under section 313 Cr.P.C. and he stated that he has falsely been implicated in the case.