DARSHAN MUKHIYA Vs. STATE

JUDGEMENT

(1.) By the present appeal, Darshan Mukhiya challenges the impugned judgment dated 28th February, 2017 convicting him for the offences punishable under Sections 392/397/120B IPC in FIR No. 99/2011 registered at PS Model Town and the order on sentence dated 15th March, 2017 directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 10,000/- and in default whereof to undergo simple imprisonment for a period of 3 months for the offence punishable under Section 397 IPC and rigorous imprisonment for a period of six years and to pay a fine of Rs. 1,000/- and in default whereof to undergo simple imprisonment for a period of 10 days for the offences punishable under Section 392/120B IPC. Co-accused Ram Briksh Mukhiya, Vishnu Mukhiya and Garbu Mukhiya were also convicted in the present case, however, since no appeal has been preferred by the co-accused persons, this Court is only concerned with the appeal of Darshan Mukhiya.

(2.) Learned counsel for the appellant contends that SI Rakesh Rana (PW- 10), Investigating Officer in the present case, has explicitly admitted in his testimony that the appellant was shown to the complainant Rekha Makkar (PW-1) prior to the test identification proceedings (TIP). No katta was recovered from the appellant. Furthermore, no robbed article nor any incriminating article was recovered from the appellant. The person who came from the chemist shop to deliver the medicines to Rekha Makkar has not been examined. There being no incriminating evidence against the appellant, he is required to be acquitted.

(3.) Learned APP for the State on the other hand contends that the conviction of the appellant is rightly based on the testimony of Rekha Makkar (PW-2) who correctly identified him in Court.