SHAKIR AHMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the accused-petitioner as well as learned Public Prosecutor appearing on behalf of the respondent-State.

(2.) THIS revision petition under Section 397 read with Section 401 Cr.P.C. has been filed against the judgment and order dated 09.04.2013 passed by Additional Sessions Judge, No. 8, Jaipur Metropolitan, Jaipur(hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 36/2013, whereby the Appellate Court partly allowed the appeal filed by the accused-petitioner and upheld the judgment of conviction dated 19.02.2013, but modified the order of sentence dated 19.02.2013 passed by learned Additional Chief Metropolitan Magistrate, No. 3, Jaipur Metropolitan, Jaipur(hereinafter referred to as 'the Trial Court') against the accused-petitioner in Criminal Case No. 984/2012, whereby, the learned Trial Court convicted and sentenced the accused-petitioner under Section 457 IPC to undergo two years simple imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo one month's simple imprisonment; under Section 380 IPC to undergo one year's simple imprisonment and a fine of Rs. 200/-, in default of payment of fine to further undergo 15 days simple imprisonment. Learned Appellate Court while modifying the order of sentence passed by the learned Trial Court sentenced the accused-petitioner under Sections 457 and 380 IPC to undergo nine months simple imprisonment for each Section along with the fine as imposed by the learned Trial Court.

(3.) PROSECUTION supported its case with the aid of 7 witnesses and exhibited relevant documents. In defence 3 witnesses were examined by the accused-petitioner. Statement of accused petitioner was recorded under Section 313 Cr.P.C., wherein he refused the prosecution allegations and pleaded innocence stating that he has been falsely implicated in this case.