- (1.) HEARD learned counsel for the accused-petitioner as well as learned Public Prosecutor appearing on behalf of the respondent-State .
(2.) THIS revision petition under Section 397 read with Section 401 Cr.P.C. has been filed against the judgment and order dated 08.10.2012 passed by Sessions Judge, Dholpur(Raj)(hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 73/2012, whereby the Appellate Court dismissed the appeal filed by the accused-petitioner and upheld the judgment of conviction and order of sentence dated 20.06.2012 passed by learned Judicial Magistrate, First Class, Dholpur(hereinafter referred to as 'the Trial Court') against the accused-petitioner in Criminal Case No. 145/2011, whereby, the learned Trial Court convicted and sentenced the accused-petitioner under Section 379 IPC to undergo three years rigorous imprisonment and a fine of Rs. 2,000/-, in default of payment of fine to further undergo four months rigorous imprisonment. The concise facts of the case are that a written report(Exhibit P-1) was submitted on 12.08.2011 by one Govind Saxena(P.W.1) with regard to an incident which was occurred on same day. On the basis of aforesaid report, a criminal case was registered on 12.08.2011 bearing FIR No. 156/2011(Exhibit P-2) at Police Station, Kolari for the offence under Section 379 IPC and investigation commenced in the matter. After due investigation, charge-sheet was filed against two accused-persons. Thereafter, the Trial Court framed charge against the present accused-petitioner under Section 379 IPC. Accused-petitioner denied the allegation of commission of aforesaid offence against him, pleaded innocence and claimed trial. Case of another accused namely Hansraj was transferred to Juvenile Justice Board as the accused Hansraj was declared juvenile.
(3.) PROSECUTION supported its case with the aid of 12 witnesses and exhibited 6 documents and produced some articles also. In defence no evidence was produced by the accused-petitioner. Statement of accused petitioner was recorded under Section 313 Cr.P.C., wherein he refused the prosecution allegations and pleaded innocence stating that he has been falsely implicated in this case.;