MOHD.SALEEM Vs. STATE

JUDGEMENT

(1.) This is a petition under section 482 of Cr.P.C. wherein prayer is made for modification of the order dated 17th August, 2013 passed in Crl. Revision 46/2004/10 by the learned Addl. Sessions Judge, Saket Court, New Delhi and prayer is made for releasing the petitioner on probation under section 4 of the Probation of Offenders Act. 1958. On the basis of complaint of officials of Forest Department, FIR no. 208/2002 u/s. 447 /34 IPC P.S. Sangam Vihar was registered against the present petitioner and two co-accused persons, namely, Master Rajpal and Satya Prakash Sharma with the allegations of encroachment of land of Forest Department in Khasra no. 1500 in the revenue of Village Tuglakabad and making unauthorised construction over it. During the course of investigation, present petitioner and two other co-accused persons were arrested. After completion of investigation, a charge sheet u/s. 173 Cr.P.C. was filed before the ld.M.M. Notice under section 251 Cr.P.C. was framed against them for having committed offence u/s. 447 /34 IPC wherein they pleaded not guilty and claimed trial. To prove its case prosecution had examined five witnesses. The incriminating evidence was put to the accused persons and their statements u/s. 313 Cr.P.C. was recorded. However, no evidence was led in defence. After considering the evidence on record, the ld.M.M. convicted them u/s. 447 /34 IPC and sentenced the present petitioner and co-accused Satya Prakash Sharma to undergo SI for a period of one month each and co-accused Master Raj Pal was sentenced to undergo SI for two months.

(2.) Aggrieved with the same, a challenge was made before the ld.ASJ, Delhi by filing revision petition by the present petitioner as well as by co-accused Master Rajpal. After going through the evidence on record, the ld.ASJ held that there was evidence of illegal encroachment of forest/government land and in their statements u/s. 313 Cr.P.C., the present petitioner and co-accused persons did not say that the land belong to them and no evidence in defence was led by them. After considering the material on record, the ld.ASJ upheld the conviction. However, the sentence of co-accused Master Rajpal was brought at par with the present petitioner and the sentence awarded to him was reduced to one month SI vide impugned order dated 17.8.2013.

(3.) Aggrieved with the aforesaid order dated 17th August, 2013, present petition has been filed by the petitioner only.