JASSA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal revision petition has been filed under Section 397/401 Cr. P.C. against the judgment and order dated 15.11.2014 passed by learned Metropolitan Additional Sessions Judge (Rent Tribunal), Jodhpur (for short "the appellate court") in Criminal Appeal No.18/2014 whereby the learned appellate Court dismissed the appeal filed by the accused-petitioner and upheld the conviction and sentence of the accused-petitioner recorded by the learned Metropolitan Magistrate No.5, Jodhpur (for short "the trial court") vide judgment and order 26.11.2012 passed in Criminal Case No.420/2012. By the said judgment, the learned trial Court convicted the accused-petitioner for offence under Section 379 IPC and ordered to go under sentence for a period of two years R.I. and imposed a fine of Rs. 1,000/- and in default of payment of fine, further undergo 20 days additional S.I.

(2.) As per the case set up by the prosecution, on 08.05.2012 the complainant Aslam lodged a case at Mandore Police Station, District Jodhpur alleging inter alia that on 22.03.2012 at about 11:00 AM, he parked his motorcycle bearing No. RJ19-7-M-0053 nearby Balsamand Ghati and went to Mines and came back after one hour but did not find his motor cycle, hence suspect that unknown person theft his motor cycle and prayed to take legal steps. On the basis of the said report, a case bearing FIR No.101/2012 was registered at Mandore Police Station, Jodhpur and the motor cycle was recovered by the Police officials of Chopsani Housing Board, Jodhpur from the petitioner under the provisions of Section 102 Cr.P.C. and after completion of investigation, charge-sheet has been filed against the petitioner before the court below for offence under Section 379 IPC.

(3.) After hearing the arguments and considering the material on record, the learned trial court framed charges against accused petitioner for offence under Section 379 IPC, who pleaded not guilty and claimed trial.