AMIDUL AZIZ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the order dated 20.6.2001 passed by Special Judge (SC/ST (P.A.) Cases, Tonk in Criminal Appeal No. 49/1999 and against the order dated 17.6.1999 passed by Judicial Magistrate 1st Class Tonk in Criminal Case No. 295/1993 convicting the petitioner under Sec. 457 I.P.C. for 3 years rigorous imprisonment and a fine of Rs. 500.00, in default of payment of fine further 10 days simple imprisonment, thereby the Special Judge partly allowed the appeal and convicted the petitioner under Sec. 456 I.P.C. for one year rigorous imprisonment and a fine of Rs. 500.00 in default of payment of fine 1 month's further simple imprisonment.

(2.) Brief facts of the case are that on 26.6.1993 one Mohammed Yakub lodged a first information report at Police Station Kotwali, Tonk. It was stated in the aforesaid report that in the night at about 11.45 when his sister's son Rafik and daughter-in-law was sleeping in the house then one person entered in the house. As the noise came, his sister's son and daughter-in-law woke up when they saw that the accused-petitioner was in the house, they tried to catch hold of the petitioner but he run away.

(3.) On the aforesaid report a first information report was registered under Sec. 457 I.P.C. and the investigation commenced.