OMIYA @ OM PRAKASH Vs. STATE OF RAJ

JUDGEMENT

(1.) The accused-petitioner Omiya @ Om Prakash was convicted by Addl. Chief Judicial Magistrate, Balotara in Criminal Case No.858/2004 by his judgment dated 5.5.2005 under Sections 457 and 380 IPC and then on 12.9.2005 after charge of previous conviction were also proved, he was sentenced under Sections 457/75 and 380/75, IPC. In Criminal Appeal No.31/2005, Sessions Judge, Balotara, while deciding the matter on 8.12.2005, had reduced the sentence of the accused-petitioner and now the accused-petitioner was sentenced as follows:-

(2.) In this revision petition, accused-petitioner has argued that case was not proved against him beyond doubt and it has also been argued by him that previous conviction against him has not been proved by the prosecution in the courts below as per law because only the copies of registers of criminal courts have been produced in the lower court to prove the previous conviction whereby it was written that appeal of accusedpetitioner Omiya @ Om Prakash has been dismissed against his conviction on the charge of theft. It has been argued that in absence of certified copies of judgments, such entries of criminal courts' registers are not conclusive proof of the conviction. I do not agree with the argument of the petitioner in this respect. When the files have been weeded out, previous conviction can be proved by the entries of criminal courts registers also, unless any evidence in rebuttal has been submitted by the accused-petitioner in this respect. If accused-petitioner claims acquittal in earlier cases, it was the duty of the accused-petitioner to submit copies of the judgments of the acquittal in the court. The petitioner has failed to do so in the courts below. So the charge of previous conviction levelled against him have been found duly proved by the courts below and I also do not want to disturb the findings of the lower courts in this respect.

(3.) It is not in dispute that after completing the sentence, the accused-petitioner Omiya @ Om Prakash has already been released from jail, as has been reported by the learned Public Prosecutor and this fact has not been disputed by the learned Advocate of the petitioner also.