MOHD MUSA Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 21.01.2017, whereby the Ld. ASJ, Karkardooma Courts has convicted the appellant for committing an offence punishable under Section 413 of the Indian Penal Code, 1860 (hereinafter "IPC"). By an order dated 28.01.2017, which is also impugned in this appeal, the appellant was sentenced to undergo rigorous imprisonment for period of seven years along with a fine of Rs.40,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of one year.

(2.) Briefly stated, the facts of the case are that on 05.04.2006, one Riyaz Mohammed (the complainant) lodged an E-FIR no. 10208/16, under Section 379 of the IPC regarding theft of his motorcycle (bearing no. DL-8SA-Z-7225). On 14.04.2016, Special Staff, North East apprehended the appellant with stolen vehicles and lodged DD no. 70B regarding the recovery of chassis bearing no. 18145 (which pertained to the aforesaid motorcycle) from the premises of the appellant. Thereafter, the appellant was arrested and sent to judicial custody. He was arrested in the present case from the concerned court, where he was produced on a production warrant, on the allegation that he had been habitually dealing in stolen property and there were a number of cases lodged against him. Further, at his instance, a number of parts of stolen vehicles were also recovered from his premises including the chassis and number plate of the aforesaid motorcycle.

(3.) Pursuant to the aforesaid FIR, the accused was charged with commission of the offences punishable under Sections 379/411/413 of the IPC. He pleaded not guilty and the matter was set down for trial. During the course of the trial, the prosecution examined eight witnesses.