RAJPAL @ HATHI @ SONU Vs. STATE

JUDGEMENT

(1.) By the present appeal the appellant challenges the impugned judgment dated 4th September, 2014 convicting him for the offence punishable under Sections 365/397 IPC in FIR No.110/2013 registered at PS Kashmere Gate and the order on sentence dated 5th September, 2014 directing him to undergo Rigorous Imprisonment for a period of two years and to pay a fine of Rs.5,000/ -; in default to undergo Simple Imprisonment for a period of one month for the offence punishable under Section 365 IPC and Rigorous Imprisonment for a period of seven years and to pay a fine of Rs.5,000/ -; in default to undergo Simple Imprisonment for a period of one month for the offence punishable under Section 397 IPC.

(2.) DD No.10A was received in the intervening night of 9th/10th May, 2013 at 3:15 AM informing that a red Yamaha motorcycle bearing No.8881 has been taken away from House No.1827/6, Priyadarshini Colony, Yamuna Bazar. This DD was handed over to SI Hawa Singh, PW -5 who along with Constable Sonu, PW -6 reached the spot at 3.30 AM where Sanjay PW -3 informed him that around 3:00 AM, Rajpal @ Hathi came to his house and stated that PW -3 along with appellant's brother want to get the appellant apprehended by giving secret information to the police to which PW -3 replied that they have neither made any complaint nor given any secret information to the police. Rajpal got furious and asked him to give the keys of the motorcycle or come along with him on the motorcycle. When PW -3 refused, Rajpal snatched the keys of the motorcycle Yamaha Fazer bearing No.DL -S6 M -8881 of red colour and threatened to kill him by pointing the knife if PW -3 tried to follow him. When PW -3 asked Rajpal as to where he was taking the motorcycle, Rajpal told him that he will give back his motorcycle in the morning. PW -3 also stated that since Rajpal had previously threatened to get him involved in a false criminal case so he was afraid that Rajpal might use the motorcycle for some crime and get him involved in a criminal case. Therefore, he informed the police so that he can get his motorcycle back and legal action be taken against the appellant. On the basis of this statement, FIR No.110/2013 under Sections 392/397 IPC was registered. On 15th May, 2013 the motorcycle was seized and the crime team reached the spot and carried out inspection of the motorcycle. On 19th May, 2013 Rajpal was apprehended from Amritsar along with his sister -in - law Ranjita, PW -7. The keys of the motorcycle were recovered from the possession of Rajpal.

(3.) The police recorded the statement of PW -7 Ranjita under Section 161 Cr.P.C. and also her statement was recorded under Section 164 Cr.P.C. by the learned Metropolitan Magistrate. Charges were framed against the appellant under Sections 365/397 IPC. Statements of witnesses were recorded and the appellant has been convicted for offences under Sections 365/397 IPC.