RAHISH @ GANJA Vs. STATE

JUDGEMENT

(1.) The present appeal has been instituted under section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') against the impugned judgment dated 18.10.2011 and order on sentence dated 24.10.2011 by which the appellant has been convicted for the offence under Section 392 read with Section 397 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC'). The appellant has been sentenced to undergo rigorous imprisonment for a period of 10 years with a fine of Rs. 10,000, in default thereof, to further undergo simple imprisonment for a period of one month.

(2.) The case of the prosecution as observed by the Trial Court is that:

(3.) The prosecution examined 10 witnesses to prove its case; statement of the appellant was recorded under section 313 of the Cr.P.C., 1973 wherein the appellant denied all the allegations levelled against him, stated himself to be innocent, pleaded false implication and also that nothing has been recovered from his possession; that the officials of the Special Cell kept him in wrongful confinement for several days and he had been given beatings; that he was forcefully made to sign blank papers, which were then used to incriminate him; that his photographs were taken while he was in police custody at Police Station-Patel Nagar, which were later shown to several public persons.