SHRAWAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner challenging the judgment dtd. 12/3/2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Court, Barmer in Criminal Appeal No. 07/2018, by which the appellate court affirmed the judgment dtd. 5/9/2017 passed by the learned Additional Chief Judicial Magistrate, Barmer in Criminal Case No. 7A/2014, whereby, the learned trial court convicted and sentenced the petitioner for offence under Sec. 411 IPC to undergo six months simple imprisonment and to pay a fine of Rs.300.00; in default of payment of fine, to undergo one day's additional imprisonment.

(2.) Briefly stated facts of the case are that Chandan Singh A.S.I., Police Station Gudamalani submitted a written report to this effect that on 18/12/2013 at 4:00 pm, an information was received on the police station through mukhbir that Shrawan Kumar Mehlu is having a without number Bolero Camper. Upon which, he went to Mehlu village, where he saw a without numbered Bolero Camper standing there and a person was sitting in it, who started the vehicle and tried to run away after seeing the police party. On which, the vehicle was stopped and the person sitting therein was enquired. He said that his name is Shrawan Kumar S/o Chunaram Meghwal and told that he purchased the vehicle from Dinesh Kumar in a sum of Rs.80,000.00. Upon investigation about the said vehicle, it was found that the said vehicle was stolen from Mehsana on 24/9/2013 and an FIR bearing No. 165 dt. 25/9/2013 under Sec. 379 IPC was already lodged by the owner of the vehicle, namely, Hasmukhbhai. The police registered a case and started investigation. After investigation, the police filed challan against the petitioner for offence under Sec. 411 IPC. Thereafter, charges of the case were framed against the accused petitioner who denied the charges and claimed trial.

(3.) During the course of trial, the prosecution examined five witnesses and various documents were also exhibited. Thereafter, statement of petitioner under sec. 313 Cr.P.C was recorded. Two witnesses were examined on the defence side. No documentary evidence was produced by the accused.