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2004 Supreme(P&H) 713

SATISH KUMAR MITTAL
Rajive Sandhu – Appellant
Versus
State Of Union Territory – Respondent


Judgment

Satish Kumar Mittal, J.

1. The present revision-petition has been filed by the petitioner against the judgment dated 9-3-2004, passed by Additional Sessions Judge, Chandigarh, vide which his conviction and sentence under Section 380, I.P.C. recorded by Judicial Magistrate, 1st Class, Chandigarh, vide judgment and order dated 7-4-2003, has been set aside. However, the conviction of the petitioner under Section 411, I.P.C. has been upheld and the sentence of two years rigorous imprisonment awarded thereunder by the learned trial Court has been reduced to nine months by the learned appellate Court. The sentence of fine imposed under Section 411, I.P.C. has been upheld.

2. The petitioner-Rajive Sandhu was employed in M/s. K.B. Tools, Industrial Area, Phase II, Chandigarh, owned by Karnail Singh-complainant. The case against the petitioner was lodged on the basis of statement of the complainant-Karnail Singh, owner of the aforesaid company. The allegations against the petitioner are that he had stolen some tools from the factory premises. At the time of commission of the offence, the petitioner was 18 years and 9 months old.

3. Initially, the learned trial Court convicted and se























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