Decided on July 09,1986

JAI GOPAL Appellant
STATE Respondents


- (1.) The petitioner, a young man of 20 years at the time of occurrence was found under the bed of Mst. Chint Purni and Raj Rani at mid-night of 1st. of July, 1970 in the house of complainant situated in the town of Katra. The accused was charged, convicted and sentenced to one year's rigorous imprisonment and a fine of Rs. 300/- in proof of the offence punishable under Section 457. R.P.C.
(2.) Raghunath Dass complainant alleged that on 1-7-1970 while he, his son and one daughter were sleeping in the compound of his house and his wife alongwith his unmarried daughter Raj Rani were sleeping inside the room, he heard some noise whereafter his wife cried that some thief had entered in her room. The complainant went into the room, switched on the light and found the petitioner concealing himself under the bed of complainant's wife. Raghunath Dass bolted the room from outside when the petitioner, the wife of the complainant and his daughter Raj Rani remained in the room. FIR EX-PA was lodged in consequence of which the police came on spot and arrested the accused from the house of the complainant. The trial court as well as the appellate court found the appellant guilty, convicted and sentenced him under Section 457, RPC.
(3.) Aggrieved by the order of conviction and sentence, the petitioner has filed this revision petition alleging therein that even on the basis of facts as alleged by the prosecution or as held proved on facts, no case under section 457. RPC is made out against the petitioner.;

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