HITESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short "The Code") against the judgment dated 09/08/2018 passed by Eighth Additional Sessions Judge, District-Indore, in Sessions Trial No.715/2017, whereby the appellant has been convicted for offence punishable under Sections 392 of IPC, 1860 and sentenced to undergo 5 years R.I, with a fine amount of Rs.2,000/- and usual default stipulation.

(2.) Brief facts of the case are that on 28/05/2015 when the complainant was returning from Sai Mandir, Chhatribagh, on the way she met a girl who was residing in Maheshwari Hostel. They both were chatting on their way and when they reached Rajput Park, Anderi Gali then a motorcycle came from opposite direction and the driver of the vehicle snatched her golden chain of 7 to 8 grams alongwith a pendent of 1 1/2 grams and fled away. She raised alarm for help in vain. Thereafter, the complainant along with her son reached Police station Chhatripura, District Indore and filed a written complaint. On the basis of which FIR bearing Crime No.240/2015 was registered against unknown persons for offence under Section 392 of IPC, 1860.

(3.) During the investigation police apprehended the appellant and on the basis of his disclosure statement, one golden chain was recovered, which was identified by the complainant. After completion of investigation, charge-sheet was filed against the appellant for offence under Section 392 of IPC, 1860 before the Court of Judicial Magistrate First Class, Indore who committed the case to the Court of Sessions Judge, Indore, which was transferred to Eighth Additional Sessions Judge, Indore.