SADDAM HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing present criminal revision petition under Sec. 397 read with Sec. 401 Cr.P.C. the petitioner has assailed the judgment dtd. 28/2/2023 passed by learned Additional Sessions Judge No. 3, Ajmer in Criminal Appeal No. 5/2021 (CIS No. 50/21), whereby, the learned Appellate Court while dismissing the appeal of the accused-petitioner has upheld the judgment of conviction and order of sentence dtd. 2/2/2021 passed by learned Additional Chief Judicial Magistrate No. 1, Ajmer in Criminal Case No. 6036/2018, whereby, the revisionist-petitioner was convicted and sentenced as under:-

(2.) Brief facts of the case are that on 16/3/2018 complainant Ajay Kumar Jain lodged a written report at Police Station Sadar Kotwali, Ajmer stating therein that on 16/3/2018 at around 3.00 AM when he was going to the Temple, his car Maruti-800 bearing registration No. RJ01-C-9744 standing outside the house from last four days was stolen by someone. On the aforesaid report, an FIR No. 56/2018 was registered and after usual investigation, charge-sheet under Sec. 379 I.P.C. was filed against the present petitioner.

(3.) The Learned Magistrate framed charges against the petitioner for the above offence and upon denial of guilt by him, commenced the trial. During the course of trial, the prosecution in order to prove the offence, examined as many as 8 witnesses and exhibited 10 documents. The accused, upon being confronted with the prosecution allegation, in his statement under Sec. 313 Cr.P.C., denied the allegation and claimed to be innocent. Then, after hearing learned Counsel for the parties and upon meticulous appreciation of the evidence, learned Trial Court convicted the accused for the offence under Sec. 379 I.P.C. vide judgment dtd. 2/2/2021. Aggrieved by the judgment of conviction, he preferred an appeal, which was dismissed by the learned Appellate Court vide judgment dtd. 28/2/2023 affirming the judgment passed by the Trial Court. Hence, this revision petition is filed before this Court.