MOHD GUFFRAN Vs. STATE

JUDGEMENT

(1.) THIS revision petition has been preferred by the petitioner against the judgment of the appellate court dated 28th July, 2010 whereby the learned Additional Sessions Judge upheld the conviction of the petitioner under Sections 420/471 read with Section 467 IPC but reduced the sentence from three years awarded by the trial court to six months rigorous imprisonment and in addition directed payment of Rs.1,000/- each as fine for the two offences.

(2.) THE case against the petitioner was that a Maruti Car 800 bearing registration No.DL 6 CB 5991, Chasis No.2060674 and Engine No.3081056 was stolen from outside the House No.269, Hauz Rani, Malviya Nagar, New Delhi. THE petitioner was arrested in this case and he got recovered this car. It was found that the petitioner had, by creating false and forge documents mark Q-1 to Q-4 and Q-9 to Q-12, got transferred the car in the name of Mohd. Salim Khan. THE petitioner used these documents fraudulently for cheating Mohd. Salim Khan as well as inducing Ghaziabad Transport Authority to transfer the registration of car on the basis of these forged documents. THE learned trial court, after considering entire evidence and record, acquitted the petitioner of charges of theft but convicted him under Sections 420/471 IPC read with Section 467 IPC. THE learned appellate court after again re-appreciating the entire evidence came to conclusion that commission of offence under Sections 420/471 IPC read with Section 467 IPC was proved beyond reasonable doubt against the accused.

(3.) DURING arguments, counsel for the petitioner had only been agitating that the conclusion arrived at by the trial court as well as by the appellate court was not correct conclusion and he wanted this court to re-appreciate the entire evidence. I consider that this court in view of Section 393 Cr.P.C. cannot re-appreciate the entire evidence to arrive at a different conclusion than one arrived at by the appellate court. I, therefore, find no force in this revision. The revision petition is hereby dismissed.