- (1.)This application in revision is directed against the order of I Temporary Civil and Sessions Judge of Allahabad confirming in appeal the order of a Magistrate 1st Class by which he convicted the Applicant Roshan L. under Section 447 IPC and sentenced him to imprisonment till the rising of the court and to a fine of Rs. 10/-.
(2.)The Applicant was an employee of the 4 E.D. Manuari. The case against him was that on March 5, 1964 at about 11.00 p.m. he was seen moving about within the Air Force prohibited area of 4 E.D. Manuari, police Station Puramufti. Corporals S.L. Sharma and Bir Singh and Watchman Nanda Singh challenged him near the domestic quarter T/204 lying within the said prohibited area and arrested him. About ten steps from the place where the Applicant was arrested a cycle was discovered resting against the barbed wire fencing of the prohibited area. There was a Jhola hanging from the handle of the cycle and it contained a tiffin carrier. The Applicant was taken to the guard room where Warrant Officer Sri J.B. Thomas wrote out a report and the Applicant was thereafter sent to Police Station Puramufti. A report under Section 447 IPC was registered there against him and after investigation, he was sent up for trial.
(3.)The Applicant pleaded not guilty. He stated that at the time of his arrest he was really returning on his cycle to his house after seeing a cinema show in the town and when he reached the main gate of the prohibited area he saw Corporal Sharma teasing a woman to which he objected, whereupon Corporal Sharma felt annoyed and got up a false case against him. The courts below have disbelieved the story put forward by the accused and I think, rightly. They have also accepted the case of the prosecution in regard to the circumstances in which the Applicant was arrested and I find no reason for not accepting this finding of fact.