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2019 Supreme(MP) 568

VIVEK RUSIA
Deepak Ludele – Appellant
Versus
State of M. P. – Respondent


Advocates:
S.K. Meena for applicant; Vikas Yadav, Public Prosecutor for respondent/State.

ORDER

1. The applicant/accused has filed the present criminal revision under section 397 read with section 401 of the CrPC against the judgment dated 10.3.2018, passed by the Judicial Magistrate, Second Class, Indore whereby he has been acquitted under section 379 but convicted under section 411 of IPC and sentenced accordingly and also against the judgment dated 31.5.2018, passed by the Additional Sessions Judge, whereby his criminal appeal has been dismissed.

2. Facts of the case, are as under:

That Ms.Neetu Singh, Daughter of Prahlad Singh lodged an FIR in Police Station, Sanyogitaganj, Indore on 11.4.2012 alleging that on 11.4.2012 near about 18:00 hours while she was going to Apollo Hospital from her hostel by walk, then near Rukmani Motors, Geeta Bhawan two persons came in the motorcycle and out of one who was sitting on the rear seat has snatched her mobile phone from her hand and both fled away. She purchased the mobile of Nokia Company double sim (Nokia C2) ten days back in Rs. 2,700/- and she could not note the number of the motorcycle and identified the two persons. The FIR was registered under section 379 of IPC against two unknown persons. On 24.9.2012 at around 10:30

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