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2023 Supreme(Raj) 2180

MANOJ KUMAR GARG
Nirdosh Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mukesh Gehlot, Pradeep Shah
For the Respondents: Mukesh Trivedi, C.P. Marwan

JUDGMENT :

Manoj Kumar Garg, J.

1. Instant revision petition has been filed by the petitioners challenging the judgment dated 19.06.2003 passed in Cr. Appeal No. 13/2003 by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur (hereinafter referred to as 'the appellate court') by which the appellate court partly allowed the petitioners' appeal and instead of offence under Section 392 IPC, it convicted the accused-petitioners for offence under Section 379 IPC and sentenced them to undergo six months' RI each and imposed a fine of Rs.2,000/- and in default of payment of fine, to further undergo one month's R.I.

2. Whereas, the learned Addl. Chief Judicial Magistrate No. 2, Udaipur (hereinafter referred to as 'the trial court') vide judgment dated 04.02.2003 passed in Cr. Case No. 525/2001 convicted the petitioners for offence under Section 392 IPC and sentenced them to undergo one year's RI and imposed a fine of Rs.2,000/- and in default of payment of fine, to further undergo three months' RI.

3. By this revision petition, the petitioners also challenge the judgment of the trial court.

4. Brief facts of the case are that on 25.05.2001 at about 9:15 PM, complainant Smt. Ka

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