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2021 Supreme(Jhk) 547

ANUBHA RAWAT CHOUDHARY
Gopal Krishan Agrawala @ Pappu S/o Shri Ram Bharat Agrawala – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Binod Kumar Jha.
For the Respondent: Mr. Rajneesh Vardhan.

JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. Heard Mr. Binod Kumar Jha, learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Rajneesh Vardhan, learned counsel appearing on behalf of the opposite party-State.

3. The instant criminal revision application is directed against the judgment and order dated 04.06.2003 passed by the learned Additional District and Sessions Judge-III, Dhanbad in Cr. Appeal No. 23/1996, whereby the learned appellate court has dismissed the appeal preferred by the petitioner and upheld the judgment of conviction and order of sentence dated 15.02.1996 passed by the learned Special Judicial Magistrate, 1st Class, Eastern Railway, Dhanbad in R.P. Case No. 126/82, Trial No. 124/1996.

4. The learned trial court has convicted the petitioner for offence under Section 3(a) of the Railway Property (Unlawful Possession) Act [hereinafter referred to as the R.P. (U.P.) Act] and sentenced him to undergo rigorous imprisonment for one year under the same section.

Arguments on behalf of the petitioner

5. Learned counsel for the petitioner has confined his argument on the point of sentence.

6. The learned counsel has submitted that the incident is of the year 1982 and abou

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