- (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 03.04.2013 passed by Sessions Judge, Sawai Madhopur(Raj)(hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 32/2012, whereby the Appellate Court dismissed the appeal filed by the accused-petitioner and upheld the judgment of conviction and order of sentence dated 27.03.2012 passed by learned Additional Chief Judicial Magistrate(Railways), Kota, Camp at Sawai Madhopur(hereinafter referred to as 'the Trial Court') against the accused-petitioner in Criminal Case No. 4992/2011, whereby, the learned Trial Court convicted and sentenced the accused-petitioner under Section 379 IPC to undergo one year's simple imprisonment and a fine of Rs. 1,000/-, in default of payment of fine to further undergo 15 days simple imprisonment; under Section 137 of the Railways Act to undergo one month's simple imprisonment. Learned Trial Court further ordered that the accused-petitioner shall pay Rs. 282/- towards railway freight and other charges to the railways administration and upon failing to do so, he shall undergo 10 days simple imprisonment under Section 138 of the Railways Act. The concise facts of the case are that a written report was submitted by the complainant Mukesh on 24.11.2011 at Police Station GRP, Sawai Madhopur regarding an incident of theft of his suitcase from the train while he and his mother were traveling, which took place on 23.11.2011. On the basis of aforesaid report, Case No. 47/2011 was registered for the offence under Section 379 IPC and investigation commenced in the matter. After due investigation, charge-sheet was filed against the accused-petitioner under Section 379 IPC and under Section 137 of the Railways Act. Thereafter, the Trial Court framed charge against the accused-petitioner under Section 379 IPC and Section 137 of the Railways Act. 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 7 witnesses and exhibited relevant documents. 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.;