VIMLA DEVI SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this revision petition challenging the judgment and order dated 05.03.2019 passed by Additional Sessions Judge No.6, Jaipur Metropolitan, Jaipur in which appeal filed by the petitioner was partly allowed and simple imprisonment of two years and fine of Rs.10,000/- awarded by the Additional Chief Metropolitan Magistrate No.1 (Special Court) Jaipur Development Authority, Jaipur was converted by granting benefit of probation and as a cost of prosecution Rs.20,000/-.

(2.) Brief facts of the case are that the respondent No.2- complainant had filed a complaint against the petitioner and Sh. Sanjay Srivastava on 28.06.2008 before the ACCM No.1, JDA, Jaipur under Section 72(1)(3) and sub-section 14 and 31 read with section 75(1) of Jaipur Development Authority Act, 1982 in which respondent contended that the petitioner having Plot No.90 situated at Vishveshwariya Extension, Triveni Nagar, Jaipur and she encroached the road of 7 ft. Learned Trial court took the cognizance on the very same day and thereafter, the trial court took statement under Section 200 Cr.P.C. and again took cognizance against the petitioner on 02.09.2016. After appearance of the petitioner which are evidence was taken and charges were framed under Section 72 of the JDA Act.

(3.) Respondent produced the witnesses as PW-1 to PW-9 and after that statement under Section 313 Cr.P.C. was taken of the petitioner.