ABDUL JABBAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The appellant Abdul Jabbar was brought to trial in the court of Sessions (in Sessions no.64/2001) with two others (Mohd. Asgar Konshi and Gurinderjeet Singh) on the basis of report (charge-sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr. PC) submitted upon conclusion of investigation into first information report (no.168/2001) of police station Parliament Street involving offences punishable under Sections 121, 121A, 122, 123 of the Indian Penal code, 1860 and Sections 3,4 & 5 of Explosive Substances Act, 1908. At the conclusion of the said trial, he (the appellant) and the other said two were found guilty and convicted by the court of sessions by judgment dated 02.09.2002 for the offence under Sections 4(a) and (b) of Explosive Substances Act, 1908. By order dated 06.09.2002, the trial judge awarded rigorous imprisonment for seven years for the said offences giving the benefit of provision under Section 428 Cr. PC.

(2.) The conviction and order of sentence were challenged by the appellant by the present appeal, the sentence having been suspended and he having been released on bail pending hearing and adjudication on the appeal by order passed earlier in the course of these proceedings.

(3.) The appeal was admitted and directed to be taken up from the list of regulars in due course. Its turn for hearing and decision has come up seventeen years' after it had been presented, the circumstances against the backdrop of which the case had been instituted being eighteen years' old.