Case Note & Summary
The revision applicant, Shaikh Rahim s/o Shaikh Fazal, was convicted by the trial Magistrate for an offence punishable under Section 379 of the Indian Penal Code (IPC) for stealing Rs. 550/- from the pocket of the complainant, Kundlik Amruta Bomble, at a grocery shop in Mehkar on 12 March 1996. The prosecution case was that while the complainant was purchasing groceries, the accused, standing adjacent, stole the money. The complainant suspected the accused, who tried to run away but was caught by a witness, Madhukar Gaikwad. The stolen amount was recovered from beneath the accused's banyan. The trial court sentenced the accused to six months rigorous imprisonment and a fine of Rs. 500/-. On appeal, the Principal Sessions Judge, Buldana, confirmed the conviction but reduced the sentence to three months rigorous imprisonment with the same fine. The revision applicant challenged this order before the High Court. However, on the date of hearing, neither the applicant nor his counsel appeared. The High Court noted that the revision had been dismissed for default twice before and restored on the applicant's request. Observing that the applicant was not interested in prosecuting the matter, the High Court dismissed the revision application for default and confirmed the appellate court's judgment.
Headnote
A) Criminal Law - Theft - Section 379 Indian Penal Code, 1860 - Conviction upheld - Revision dismissed for default - The applicant was convicted for theft of Rs. 550/- from a grocery shop. The trial court and appellate court found the prosecution case proved beyond reasonable doubt based on evidence of first informant, shopowner, and recovery of stolen amount. The High Court dismissed the revision as the applicant failed to appear and prosecute the matter. (Paras 1-5)
Issue of Consideration
Whether the conviction and sentence under Section 379 IPC were legal and proper.
Final Decision
The revision application is dismissed for default. The judgment and order of the appellate court dated 11.7.2007 in Criminal Appeal No. 44 of 2005 is confirmed.
Law Points
- Section 379 IPC
- Theft
- Conviction upheld
- Revision dismissed for default
- Sentence modification
