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SANDEEP MEHTA
Jabid @ Gholu – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Sandeep Mehta, J. - The instant appeal under Section 374 (2) CrPC has been preferred by the appellant Jabid @ Gholu S/o Shabir Ahmed being aggrieved of the judgment dated 12.12.2019 passed by the learned Additional Sessions Judge No.1, Nagaur in Sessions Case No.115/2018, whereby he has been convicted and sentenced as under:-
| Offence for which convicted | Substantive sentence | Fine and default sentence |
| Section 452 IPC | Three years' simple imprisonment | Fine of Rs. 2,000/- and in default of payment of fine, additional simple imprisonment of 15 days |
| Section 397 IPC | Seven years' simple imprisonment | Fine of Rs. 5,000/- and in default of payment of fine, additional simple imprisonment of one month |
The substantive sentences were ordered to run concurrently.
2. Brief facts relevant and essential for disposal of the appeal are noted herein-below.
3. Pannaram (P.W.3), the first informant, lodged a written report (Ex.P/4) at the Police Station Sadar, Nagaur on 03.06.2018 alleging inter alia that on that day, he had gone for labour work. At around 1.30-1.40 p.m., an unknown man about 5-51/2 feet height wearing a black coloured t-shirt and a brown pant
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