JABID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Section 374 (2) CrPC has been preferred by the appellant Jabid @ Gholu S/o Shabir Ahmed being aggrieved of the judgment dated 12.12.2019 passed by the learned Additional Sessions Judge No.1, Nagaur in Sessions Case No.115/2018, whereby he has been convicted and sentenced as under :-

(2.) Brief facts relevant and essential for disposal of the appeal are noted hereinbelow.

(3.) Pannaram (P.W.3), the first informant, lodged a written report (Ex.P/4) at the Police Station Sadar, Nagaur on 03.06.2018 alleging inter alia that on that day, he had gone for labour work. At around 1.30-1.40 p.m., an unknown man about 5-51/2 feet height wearing a black coloured t-shirt and a brown pant came around to his house on a CD Delux motorcycle and knocked on the door. At that time, the informant's wife Jashoda and their son Rakesh were sleeping. The informant's wife opened the door and the main requested some water to drink and therefore, responding to the man's request, she went inside to get the same. As soon as she turned to go in, the unknown man rushed into the house, pushed the lady down on the ground and snatched her Bor, Tiddipalka and earrings. He was holding a knife and was continuously threatening her in a sinister tone that if she shouted, she would be killed. The assailant after snatching all her ornaments, made an escape on the motorcycle. The informant's wife rushed to the neighbours and told them of her plight. They then called the informant on mobile and apprised him of the incident. On the basis of this report, FIR No.89/2018 (Ex.P/5) came to be registered against the appellant for the offences under Sections 379 and 382 IPC.