RAJESH @ RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The criminal revision petition is barred by limitation from 7 days. An application under Sec. 5 of the Limitation Act has been filed. For the grounds and reasons mentioned in the application, the same is allowed. The delay in filing the revision petition is condoned. The revision petition be treated to be filed within limitation.

(2.) The instant criminal revision petition under Sec. 397/401 of the Cr.P.C. has been preferred by the petitioner being aggrieved of the judgment dtd. 10/5/2023 passed by the learned Additional Sessions Judge No. 6, Bikaner in Criminal Appeal No. 20/2023, whereby the learned Appellate Court while affirming the conviction of the petitioner for the offences under Ss. 457 and 380 of the IPC as recorded by the learned Chief Judicial Magistrate, Bikaner in Criminal Original Case No. 8405/2022, reduced the sentence for each offence from 3 years' rigorous imprisonment to 2 years' rigorous imprisonment, while maintaining the fine amount of Rs.1,000.00 and default sentence of 1 month's simple imprisonment and it was further ordered that the sentences shall run concurrently.

(3.) Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that complainant Manoj Suthar submitted a written report to the SHO, Police Station Kotgate to the effect that he has an authorized service center of Maruti in the name of General Automobile. In the intervening night of 1/6/2022-2/6/2022, some unknown person burgled into the shop and stole an amount of Rs.50,000.00 lying in the cash drawer and the said activity is recorded in the CCTV. On the aforesaid report, FIR No. 168/2022 was registered and after usual investigation, a charge-sheet was filed against the present petitioner for the offences under Ss. 457 and 380 of the IPC.