SHARMA - (1.) THIS criminal revision petition under Section 397 read with section 401 Cr.P.C. against the judgment dated 5.7.2011 passed by the learned Additional Sessions Judge, No. 1, Alwar in criminal appeal No. 131/11 whereby he dismissed the appeal filed by the accused petitioner and confirmed the judgment of conviction and sentence dated 3.6.2011 passed by the learned Judicial Magistrate, Ramgarh, Alwar in criminal case No. 232/142 /2011 convicting the accused petitioner under Section 379 IPC for three years R.I. and a fine of Rs. 5,000.00, in default of payment of fine, further one month's simple imprisonment.
(2.) BRIEF facts of the case are that on 26.7.2010 the complainant Mohan Lal Sharma lodged a written report Ex. P.1 against unknown person at Police Station Ramgarh, District Alwar with regard to the incident alleged to have taken place on 25.7.2010. On the basis of that report, the Police registered a criminal case bearing FIR No. 342/10 for the offence under Section 379 IPC and started investigation. After investigation, the Police submitted challan against the accused petitioner under section 379 IPC in the Court of learned Judicial Magistrate, Ramgarh, Alwar who took cognizance against the accused petitioner for the offence under Section 379 IPC. Charges were framed against the accused petitioner for the aforesaid section and the accused petitioner denied the charges and claimed trial.
(3.) DURING trial the prosecution examined as many as 8 witnesses and exhibited 11 documents in support of its case. After completion of prosecution evidence, the statement of the accused petitioner was recorded under Section 313 Cr.P.C. whereby he denied the prosecution case.;