ARJUN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Criminal Revision Petition challenge has been made to the judgment dtd. 10/8/2023 passed by the learned Sessions Judge, Banswara in Criminal Appeal No. 22/2018, whereby the learned Appellate Court affirmed the judgment of conviction and order of sentence dtd. 2/4/2018 passed by learned Additional Judicial Magistrate, First Class, Banswara in Criminal Regular Case No. 2383/2017; whereby the petitioners have been convicted for the offences under Ss. 457 and 380 of the IPC and for each count they have been sentenced to undergo simple imprisonment of 3 years alongwith a fine of Rs.1,000.00 with default sentence of 10 days' simple imprisonment.

(2.) Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that complainant Joeb S/o Fakharuddin Ratlami submitted a written report at the Police Station Kotwali, District Banswara to the effect that on 15/9/2007 at 4.30 a.m., Govind Lal Ji informed his brother telephonically that a theft has been committed in his mobile shop, upon which he reached there and found that the lock of the shop had been broken and shutter had been torn. The mobile and other articles were lying in the shop in scattered condition and the lock of the cash drawer had been broken. A separate list of stolen articles was stated to be submitted. On the basis of the aforesaid information, FIR No. 391/2007 was registered and after usual investigation, a charge-sheet for the offences under Ss. 457 and 380 of the IPC was filed against three persons including the two petitioners.

(3.) The Learned Magistrate framed charges against the petitioners for the above offences and upon denial of guilt by them, commenced the trial. During the course of trial, the prosecution in order to prove the offences, examined as many as 11 witnesses and exhibited 19 documents. The accused, upon being confronted with the prosecution allegations, in their statements under Sec. 313 Cr.P.C., denied the allegations and claimed to be innocent. No evidence was adduced in defence. Then, after hearing the learned Public Prosecutor and the learned Defence Counsel and upon meticulous appreciation of the evidence, learned Trial Court convicted the petitioners for the offences under Ss. 457 and 380 of the IPC vide judgment dtd. 2/4/2018. Being aggrieved of the aforesaid judgment, they preferred an appeal, which was dismissed by the learned Appellate Court vide judgment dtd. 10/8/2023 affirming the judgment passed by the Trial Court. Hence, this revision petition is filed before this Court.