MOHD MUSA Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 03.07.2017, whereby the Ld. ASJ, Karkardooma Courts convicted the appellant for committing an offence punishable under Section 411 of the Indian Penal Code, 1860 (hereafter IPC). By an order dated 12.07.2017, which is also impugned in this appeal, the appellant was sentenced to undergo rigorous imprisonment for a period of three years along with a fine of Rs.5,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of six months for committing an offence punishable under Section 411 of the IPC.

(2.) Briefly stated, the facts of the case are that on 07.04.2016, one Mohammed Izhar lodged an online FIR No 10505/16, under Section 379 of the IPC regarding theft of his motorcycle bearing no. DL-5S-AK-3375. Thereafter, on 14.04.2016, Special Staff, North East apprehended the appellant with the stolen vehicle. Further at the instance of the appellant, parts of the two-wheeler vehicle were recovered. The chassis bearing no. 11969 of the abovesaid motorcycle was also recovered from the premises of the appellant and was lodged as DD No. 70B. The accused was arrested in kalandara proceedings and was sent to judicial custody. Thereafter, he was arrested in this case from the concerned court, where he was produced on execution of a production warrant with the allegation that he had been habitually dealing with stolen properties and several cases had been lodged against him.

(3.) Pursuant to the aforesaid FIR, the accused (the appellant herein) was charged with commission of an offence punishable under Section 413 of the IPC. He pleaded not guilty and the matter was set down for trial. During the course of the trial, the prosecution examined nine witnesses.