ISLAM Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal under Section 374 of the Code of Criminal Procedure (hereafter 'CrPC') against a judgment dated 27.08.2016 passed by the learned Additional Sessions Judge, whereby the appellant was convicted for offences under Sections 393/397/457/34 of the Indian Penal Code, 1860 (hereafter 'IPC'). The appellant impugned an order dated 31.08.2016, whereby he was sentenced to seven years rigorous imprisonment and a fine of Rs. 5,000/- under Section 393 of the IPC read with Section 397 of the IPC. The appellant was also directed to serve a further period of six months simple imprisonment if he defaulted in payment of the fine. The appellant was also sentenced to five years rigorous imprisonment and a fine of Rs. 5,000/- under Section 457 of the IPC. Both the sentences were to run concurrently. The appellant was granted the benefit of the period already served under Section 428 of the CrPC.

(2.) The impugned judgement dated 27.08.2016 and the order dated 31.08.2016 were rendered in a case relating to FIR bearing No.1005/2015 registered with New Usmanpur Police Station.

(3.) The information of the incident was received by Ct. Sarfaraz Ahmed (PW4) from wireless operator on 10/11.09.2015, at around 10:13 PM. DD.No.100/B (Ex.PW-4/A) was prepared and assigned to HC Sita Ram (PW7) at about 10:15 PM. HC Sita Ram (PW-7) along with Ct. Pradeep Sharma (PW-3) reached the spot and after conducting the formalities, PW-3 was sent to the police station with the rukka, which was presented before ASI, Jagvir Singh (PW-6) at about 12:45 AM who endorsed it and lodged the FIR. Thereafter, the investigation was assigned to SI Yashbir Singh (PW-8).