SHAKIR Vs. STATE

JUDGEMENT

(1.) SHAKIR (the appellant) has filed the present appeal under Section 374 (2) Cr.P.C. to challenge his conviction by a judgment dated 12.07.2010 of learned Additional Sessions Judge in Sessions Case No.

(2.) /09 arising out of FIR No. 36/07 PS Seelampur by which he was held perpetrator of the crime under Sections 397/411 IPC and 25/27 Arms Act. By an order on sentence dated 15.07.2010, he was awarded RI for seven years with fine Rs. 5,000/ - under Section 392 IPC read with Section 397 IPC; RI for three years with fine Rs. 1,000/ - under Section 27 Arms Act. Both the sentences were to operate concurrently. 2. On 26.01.2007 at about 07.00 A.M., ASI Prem Singh and Const. Surender were on patrolling duty and when they reached at Brahmpuri Road, they saw two boys running to opposite direction and were being chased by an individual raising alarm 'pakro -pakro'. The said two boys were apprehended and their names were ascertained as Gulam Farid and Shakir. ASI Prem Singh lodged First Information Report after recording Amir @ Salman's statement (Ex.PW -1/A) who disclosed that the said boys had removed / snatched his mobile phone, purse containing Rs. 300/ - at the point of knife. On search of the accused persons, mobile phone, purse and knife were recovered from their possession. During investigation, statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge -sheet was submitted against them. The trial resulted in their conviction.

(3.) SINCE the appellant has opted not to challenge to the findings of the Trial Court on conviction in view of overwhelming evidence and his arrest at the spot, the same are affirmed. Nominal roll dated 16.01.2014 reveals that he has already undergone four years, eight months and fifteen days in custody besides earning remission for one year, one month and twenty one days as on 13.01.2014. The unexpired portion is one year, one month and twenty four days. The appellant was granted regular bail, however, he was unable to avail it. He is not involved in any other criminal case. His overall jail conduct is satisfactory. However, the minimum sentence prescribed under Section 397 IPC cannot be modified or reduced. The default sentence for non -payment of fine can be modified. Accordingly, maintaining the substantive sentence awarded to the appellant, the sentence order is modified to the extent that the default sentence for non -payment of total fine Rs. 6,000/ - would be fifteen days in all.