ISMAIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE conviction of the accused petitioner Under Section 392, IPC has been upheld by the learned Additional Sessions Judge, 1 No. 2, Alwar under his judgment dated December 10, 1986. The learned Additional Sessions Judge has also maintained the sentence of the accused petitioner awarded to him Under Section 392, IPC, who was sentenced for three years' rigorous imprisonment and a fine of Rs. 500/ - or in default of payment of fine to father suffer rigorous imprisonment for 6 months.

(2.) IT is contended by the learned Counsel for the petitioner that the conviction of the petitioner has been affirmed only on one statement of Shakura PW 3. He contends that Shakura, as per his own statement, he did not know the accused -petitioner prior to the occurrence. According to the learned Counsel, identification parade was held after one year and the conviction based upon the same cannot be sustained.

(3.) CONSEQUENTLY , I allowed this revision petition and set aside the judgment of the learned Additional Sessions Judge as well as that of the Magistrate. The accused petitioner is acquitted of the charges levelled against him. He is on bail. He need not surrender to his bail bonds which are here by discharged.