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[2026:RJ-JD:5699]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Revision Petition No. 124/2026

Deepak S/o Manoharlal Lakhara, Aged About 32 Years, Kacchi

Basti, Nimbahera, Police Station Kotwali Nimbahera, District

Chittorgarh, (Rajasthan)

----Petitioner

Versus

1. State Of Rajasthan, Through The Pp

2. Harday Singh S/o Sambhu Singh, Rud, Tehsil Rashmi,

District Chittorgarh, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Pranjal Babel

For Respondent(s) : Mr. NS Chandawat, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

29/01/2026

1. The criminal revision petition is barred by limitation from 35

days. An application under Section 5 of the Limitation Act has

been filed. For the grounds and reasons mentioned in the

application, the same is allowed. The delay in filing the revision

petition is condoned. The revision petition be treated to be filed

within limitation.

2. The instant criminal revision petition under Section 397/401

of the CrPC has been preferred by the petitioner being aggrieved

of the judgment dated 18.01.2021 passed by the learned

Additional Chief Judicial Magistrate, Nimbahedra, Chittorgarh in

Criminal Case No.43/2019, whereby the petitioner was convicted

and sentenced to suffer 3 years’ S.I. under Section 454 & 380 of

IPC along with a fine of Rs.10,000/- in default of payment further

to undergo 1 months S.I. Whereafter learned appellate court

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affirmed the conviction of the petitioner vide order dated

20.09.2025 in Criminal Appeal No.26/2021 and it was further

ordered that the sentences shall run concurrently.

3. Bereft of elaborate details, facts relevant and essential for

disposal of the instant criminal revision are that complainant lives

with his wife in a rented home near Nagar palika, Nimbahera for

the past 15-16 years. On 09.12.2018 his wife had gone to Udaipur

to attend a social gathering. On 11.12.2018, he locked his house

at 06:00 AM to open his hotel. He returned back home at 12:30

PM for lunch and then again he locked the house and left for his

hotel. When he returned back home at around 06:15 PM he found

that the lock is broken of his house. He got into the house and

found that certain ornaments and cash had been stolen which his

wife had kept under the bed. Upon receiving this information, the

police at Kotwal Nimbaheda registered the FIR No.555/2018

against the accused for the offence under section 380 of IPC and

started the investigation. After investigation, police filed charge-

sheet for the offences under Section 380, 454 of IPC against the

accused petitioner before the learned ACJM Court.

4. The Learned Magistrate framed charges against the

petitioner for the above offences and upon denial of guilt by him,

commenced the trial. During the course of trial, the prosecution in

order to prove the offences, examined as many as 6 witnesses

and exhibited documents. The accused, upon being confronted

with the prosecution allegations, in his statement under Section

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313 CrPC, denied the allegations and claimed to be innocent. No

evidence was adduced from defence side. Then, after hearing the

learned Public Prosecutor and the learned Defence Counsel and

upon meticulous appreciation of the evidence, learned trial court

convicted the accused. Aggrieved by the judgment of conviction,

he preferred an appeal, which was dismissed by the learned

appellate court while affirming the judgment of conviction. Hence,

this revision petition is filed before this court.

5. After arguing the case on merits to some extent, learned

counsel appearing for the petitioner submits that he will not assail

conviction of the petitioner and confines his arguments to the

alternative prayer of granting the benefit of probation to the

petitioner. He submits that the petitioner is a young man. He has

no criminal anteceden