RAHIS AHMED Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted under Sections 392/397 of the Indian Penal Code (for short hereinafter referred to as "IPC") by the learned Additional Sessions Judge, New Delhi and has been sentenced to face rigorous imprisonment for a period of three years and to pay fine of Rs. 5,000/ -; in default of payment of fine, to further undergo simple imprisonment for two months for the offence under Section 392 IPC; sentence to undergo rigorous imprisonment for a period of seven years for the offence under Section 397 IPC. Both the sentences have been ordered to run concurrently.

(2.) AGGRIEVED by his conviction and sentence appellant has filed this appeal.

(3.) INFORMATION regarding incident was received in the Police Station R.K. Puram vide D.D. No. 4B, dated 19th June, 1994 and was handed over to SI Mohan Singh (Investigating Officer) for enquiry, who reached AIIMS along with Constable Jagbir Singh and recorded statement of Dilshad Ahmed wherein the incident was described by him in the manner as narrated in para No. 3 hereinabove. Pursuant to his statement, FIR No. 339/1994 was registered. Site plan was prepared. Aneez Ahmed, who was present in AIIMS, handed over blood stained baniyan of Dilshad Ahmed, which was seized by the Investigating Officer. Investigating Officer went to the spot with Anees Ahmed and Constable Jasbir Singh and seized two suit cases and one plass which was lying outside the house. He also found door of the said house broken. At the instance of Aneez Ahmed appellant was apprehended and arrested.