- (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 11.02.2013 passed by Additional Sessions Judge, Kishangarh, District Ajmer(Rajasthan)(hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 52/2011, whereby the Appellate Court dismissed the appeal filed by the accused-petitioner and upheld the judgment of conviction and order of sentence dated 05.05.2011 passed by learned Additional Chief Judicial Magistrate, Kishangarh, District Ajmer(hereinafter referred to as 'the Trial Court') against the accused-petitioner in Criminal Case No. 103/2011, 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. 1,000/-, in default of payment of fine to further undergo one month's simple imprisonment. The concise facts of the case are that a written report(Exhibit P-1) was submitted by the complainant Akshay Kumar Tapdiya with regard to an incident which occurred on 02.01.2011 at Police Station Madanganj, Ajmer. On the basis of aforesaid report, a case was registered bearing No. 16/2011 at Police Station, Madanganj, Ajmer for the offence under Section 379 IPC and investigation commenced in the matter. After due investigation, charge-sheet was filed against the accused-petitioner. Thereafter, the Trial Court framed charge against the accused-petitioner under Section 379 IPC. Accused-petitioner denied the allegation of commission of aforesaid offence against him, pleaded innocence and claimed trial.
(3.) PROSECUTION supported its case with the aid of 8 witnesses and exhibited 10 documents. In defence no evidence was produced by the accused-petitioner despite grant of opportunity. 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.;