- (1.) Convicted of offence under Section 385 IPC, by the Judicial Magistrate, First Class, Chidawa Distt. Jhalawar (Rajasthan), and sentenced to one year of simple imprisonment, and imposed with a fine of Rs. 500/-, and directed to undergo one month of simple imprisonment in default thereto, and also aggrieved by the judgment dated 16.07.2013, both the accused petitioners, Wazid Khan @ Pola and Shakir have approached this Court.
(2.) The brief facts of the case are that on 19.08.2006, Rajesh Chand (P.W.4) had submitted a written report (Ex.1) before the Police Station, Raipur wherein he claimed that around 4.45 P.M. while he was sitting at the Commercial Post, two persons aged about 25 years, came in a Maruti Car, bearing registration NO.R.J.17-C-1794, both of them entered his office and told him that they take Rs.10,000/- from anyone working at the Office. Therefore, he should pay the same amount. When he refused to do so, both of them tried to assault him. Both of them told their names as Wazid Khan @ Pola and Shakir. They also stated that they are don of Jhalawar and if he wanted to work at the check post, he had to do their bidding. They also threatened the other staff members.
(3.) On this basis of this report, a formal report namely FIR No.103/2006 (Ex.P/2) was chalked out for offences under Sections 384, 384 read with Section 34, 353, 353 read with Section 34 IPC, and investigation commenced. During the course of the investigation, both the petitioners were arrested and put for trial.;