YUSUF Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 13.02.2008 passed by the learned Additional Sessions Judge (ASJ), Karkardooma Courts, Delhi, in Sessions Case No. 161/06 arising out of FIR No. 162/03, PS New Usmanpur, under Sections 392/394/397/34 IPC. By the impugned judgment, the appellant Yusuf and the co-accused Arif were held guilty and convicted for offences punishable under Sections 452, 392, 394 and 397 of the Indian Penal Code (IPC). The appellant also assails the order on sentence dated 19.02.2008, whereby the appellant was sentenced to undergo three years RI and to pay a fine of Rs. 2,000/- for offence punishable under Section 452 IPC. In default of payment of fine, he was further directed to undergo RI for six months. The appellant was further sentenced to undergo RI for three years and to pay a fine of Rs. 5,000/- for offence punishable under Section 392 IPC. In default of payment of fine, the appellant was directed to undergo RI for nine months. The appellant was also sentenced to undergo RI for four years and to pay a fine of Rs. 2,000/- for offence punishable under Section 394 IPC. In default of payment of fine, the appellant was awarded further RI of six months. Finally, he was also sentenced to undergo RI for seven years for offences punishable under Section 397 IPC. The co-accused Arif was similarly sentenced. It was directed that the sentences awarded shall run concurrently. Both the convicts were granted benefit of the period already undergone in detention during investigation and trial of the case.

(2.) The case of the prosecution as set out in the impugned judgment is as follows:-

(3.) To substantiate the charges framed for offences under Section 392 IPC read with Section 34, 394 and 397 of the IPC-to which both the accused pleaded not guilty and claimed trial, the prosecution examined 13 witnesses, which were as under:-