ANIL KUMAR BAKSHI Vs. STATE

JUDGEMENT

(1.) THE present appeal is directed against the judgment dated 3 rd August, 2002 whereby the Appellant has been convicted for offence punishable under Section 392 IPC and the order on sentence dated 17 th August, 2002 whereby he has been directed to undergo Rigorous Imprisonment for a period of five years and to pay a fine of Rs. 500/- and in default of payment of fine to undergo Simple Imprisonment for a period of one month.

(2.) LEARNED counsel for the Appellant at the outset submits that the co- convict Narender Kumar and Surjit Sharma @ Mota have not filed the appeal and the only appeal before this Court is of that of the Appellant Anil Kumar Bakshi. It is contended that the present is a case of no evidence. The Complainant who is the only witness who could have identified the Appellant has stated nothing in his examination-in-chief against the Appellant. Even on cross-examination by the learned APP, he specifically denied that the Appellant was arrested at his instance or that there was any recovery from the Appellant or that the Appellant was amongst the four robbers who had robbed him. The Complainant has further stated that no proceedings were carried out at the spot, all memos were signed at the police station and thus the statement of the police witnesses cannot be relied upon. In view of there being no evidence against the Appellant, he be acquitted.

(3.) I have heard learned counsel for the parties.