ANWAR Vs. STATE

JUDGEMENT

(1.) By the present appeal, Anwar @ Karamat challenges the impugned judgment dated 5 th September 2017 convicting him for the offence punishable under Sections 411/413 IPC in FIR No. 10/2013 registered at PS Shastri Park and the order on sentence dated 7 th September 2017 directing him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 20,000/- and in default whereof to undergo simple imprisonment for a period of six months for offence punishable under Section 411 IPC and to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 20,000/- and in default whereof to undergo simple imprisonment for a period of six months for offence punishable under Section 413 IPC

(2.) Learned counsel for the appellant contends that the complainant in his statement made to the police did not disclose the fact that the stolen bundle had BATA seal on it and that the statement regarding the said fact was made after the registration of FIR and recovery. He further contends that the recovery was made after two days of the arrest. When the currency was purportedly seized neither the numbers of the currency notes were noted nor the photographs were taken at that point, rather the photographs were taken later on which were meaningless.

(3.) Learned APP for the State on the other hand contends that the complainant duly identified the bundle of the currency notes recovered from the appellant. He further contended that as per the testimony of SI Madan Gautam, the accused was involved in ten other cases out of which he had been convicted in five cases.