MONTU ALIAS BAHADUR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THE appellant, who was tried as one of the accused in Sessions case No. 183/2006 arising out of FIR No. 24/2004 under Section 394/397/457/411/34 IPC of P. S. Mehrauli, has assailed the judgment of the Addl. Sessions Judge dated 25. 4. 2007 holding him guilty of offence punishable under Section 394/397/34 IPC along with other accused persons. He has also challenged the order of sentence dated 27. 4. 2007 awarding him punishment of R. I. for a period of 7 years besides payment of fine of Rs. 3,000/- and in default of payment of fine to further undergo S. I. for 7 days.

(2.) IT is the case of the appellant that there is no evidence available against him. It is also his case that his identification by PW4 in the court is based upon showing of his photographs by the police officials and, therefore, such evidence is of no consequence. He has also stated that the factum of showing his photographs by the Police before holding his test identification parade is admitted by PW4 and, therefore, no credence can be given to his identification by PW4 in court for the first time. Moreover, the award of minimum sentence of 7 years to the appellant is also not sustainable because there is no evidence against the appellant of having used any weapon in the alleged crime.

(3.) THE present case was registered by the police on the basis of statement made by PW2, Nirmal Kumari Ex. PW2/a, to the effect that,