Mohammad Rafiq, J. - (1.) This revision petition has been filed by petitioner against judgment dated 27.06.2009 of Additional Chief Judicial Magistrate No.3, Ajmer in Criminal Case No.496/2008, whereby he was convicted for offence under Section 224 of Indian Penal Code and Section 3 of Prevention of Damage to Public Property Act and sentenced to undergo simple two years simple imprisonment for each of offence and was also punished with fine of Rs. 500/-; in default of payment of fine, he was ordered to further under go one month simple imprisonment. Both sentences were ordered to run concurrently.
(2.) Petitioner filed criminal appeal No.189/2009 against aforesaid judgment before Sessions Judge, Ajmer, which was dismissed by order dated 26.08.2009. Hence, this revision petition.
(3.) Learned counsel for petitioner has argued that offence alleged against petitioner was not made out beyond reasonable doubt and that evidence that is recorded did not prove the offence so as to sustain his conviction. Allegation against petitioner is that he broke judicial lock-up whereas fact is that construction of wall of judicial lock up made by Public Works Department was so inferior that it fell down at its own. There is no role of petitioner in breaking the wall. Moreover courts below have failed to take into consideration this aspect of the matter. Had there been any intention of petitioner to run away by breaking wall of jail, it was very easy for him to do so by catching bus from nearby bus stand. Petitioner actually came out of lock up because he was frightened by police. Petitioner is innocent and liable to be acquitted. Neither offence under Section 224 of IPC nor under Section 3 of Prevention of Damage to Public Property Act was made out.;