ROOPA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision has been filed by Roopa petitioner challenging his conviction under Section 379 I.P.C. whereunder he has been sentenced to one year's rigorous imprisonment and a fine of Rs. 2,000/ - or in de fault to further undergo six months rigorous imprisonment by the Additional Sessions Judge, Bharatpur while upholding the conviction of the petitioner made by the Judicial Magistrate First Class, Bharatpur vide his judgment dated 30 -8 -1976.

(2.) IT may be mentioned that the accused petitioner was convicted by the trial court for an offence under Section 379 and 411 I.P.C. but the learned Sessions Judge did not pass any order about the conviction of the petitioner under Section 411 I.P.C. which presumably appears to mean that the learned Judge did not think it proper to uphold the conviction of the petitioner under Section 411 I.P.C.

(3.) THE charge against the petitioner was that he had stolen 9 buffaloes belonging to the complainant from the jungle where they were being grazed by the complainant. These buffaloes were recovered after two days i.e. on (2nd July 1972) 2 -7 -72 from the possession of the petitioner. It appears that the complainant did not lodge the report to the police station for a pretty long time presumably because he was in search of his cattle. But that delay in lodging the first information report cannot be taken to be fatal in the circumstances of the case. The stolen catties were recovered at a distance of 42 miles from the place of accidence from where the cattle were being taken towards the residence of the petitioner in U.P. However, at this stage the order of conviction cannot be challenged by the petitioner unless it is illegal or perverse. There does not seem to be any illegality in the order as the prosecution has established that the cattle were stolen and they were found in the possession of the petitioner two days after theft was committed.