- (1.) By the instant criminal revision petition under Section 397/401 Cr.P.C., the petitioner has challenged the judgment and order dated 17.10.2005 passed by Additional Sessions Judge, Phalodi (for short 'the appellate court' hereinafter) in Criminal Appeal No.01/2005, whereby the appellate court dismissed the appeal filed by the petitioner against the judgment and order dated 03.2.2005 passed by Additional Chief Judicial Magistrate, Phalodi (for short 'the trial court' hereinafter) in Criminal Case No. 824/2002 and affirmed the conviction of the petitioner for the offence under Section 447 IPC as also the order releasing the petitioner under Section 4 (1) of the Probation of Offenders Act, 1958 (for short 'the Act' hereinafter). Aggrieved by the judgment and order impugned, the petitioner has filed the instant revision petition.
(2.) I have heard learned counsel for the petitioner and public prosecutor for the State as also the complainant appearing in person. I have carefully gone through the judgment and order impugned and record of the trial court. On an FIR Ex.P-18 lodged by non-petitioner Farid Khan, police registered a Crime Report No. 92/2002 and ensued the investigation. After usual investigation, the police filed challan against the petitioner for the offences under Sections 447 and 420/120B IPC against the petitioner and co-accused Alladeen. The prosecution adduced evidence by producing as many as 10 witnesses and produced documentary evidence Ex.P-1 to P-19. The petitioner made statement under Section 313 Cr.P.C. and denied the allegation.
(3.) The trial court on appreciation of the evidence, by the judgment and order dated 03.02.2005 convicted the petitioner for the offence under Section 447 IPC. However, by extending the benefit of doubt, acquitted the petitioner and coaccused Alladeen of the offence under Section 420/120B.;