JAI PRAKASH RAKHECHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal revision under section 397/401 of the Code of Criminal Procedure, 1973 (for short `the Code` hereinafter), the petitioner has assailed the judgment and order dt. 29.10.2005 passed by Additional Sessions Judge No.2, Jodhpur (for short `the appellate court` hereinafter) in criminal appeal No.61/2005, whereby the appeal filed by the petitioner against the judgment and order dt. 30.9.2005 passed by Judicial Magistrate No.3, Jodhpur (for short `the trial court' hereinafter) was dismissed and the conviction and sentence of fine awarded against the petitioner by the trial court for the offence under section 131(2) of Representation of People Act was affirmed. Aggrieved by the judgments and orders impugned, the petitioner has filed the instant revision petition.

(2.) I have heard learned counsel for the petitioner and the Public Prosecutor for the State. Carefully gone through the judgments and orders impugned passed by both the courts below and the record of the trial court.

(3.) On a complaint lodged by PW.2 Farida, the police investigated the matter and filed a challan against the petitioner for the offences under sections 323, 341, 325/34, 354/34 I.P.C. and section 131(2) of the Representation of People Act. During the pendency of the case, the complainant compounded the offences punishable under the Indian Penal Code and, therefore, the offence on being compounded by the complainant, the petitioner was acquitted of the offences under the Indian Penal Code, however, he was convicted for the offence under section 131(2) of the Representation of People Act and sentenced to fine of Rs.200/-.