KHARKA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Respondent No.2 had faced trial alongwith his co-accused Mahendra in FIR No. 6/2004 registered at Police Station Kotwali Fatehpur, District Sikar for the offence under Section 354/34 Indian Penal Code, 1860 (hereinafter referred to as 'IPC'). Trial Court vide judgment/order dated 16.6.2009 ordered the conviction and sentence of the petitioner and his co-accused under Section 354 IPC. Appeal filed by the petitioner was dismissed by the Appellate Court vide order dated 27.6.2015. Hence, the present petition by the petitioner.

(2.) Learned counsel for the petitioner has submitted that co-accused Mahendra had preferred an appeal and the Appellate Court vide order dated 19.4.2014 had held that no offence under Section 354 IPC could be said to be made out in the facts and circumstances of the present case and ordered the conviction of co-accused Mahendra under Section 352 IPC and granted him benefit of probation. Similar allegations have been levelled against the petitioner. Hence, the conviction of the petitioner was also liable to be converted under Section 352 IPC. Petitioner who is in custody for the last three months be also convicted under Section 352 IPC and be sentenced to the period already undergone by him.

(3.) Learned State Counsel, on the other hand, has opposed the submissions made by the learned counsel for the petitioner.