MUSTKEEM ALIAS AARIF Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Kurban Ali, Advocate for the applicant as well as Mr. BS Parihar, Brief Holder for the State and also perused the record.

(2.) In brief the prosecution case is that on 9.5.2010 at 3:15 PM, Mukesh Kumar Aggarwal lodged an FIR stating therein that on that day at 1:35 PM, he came at his house from shop and after 10-15 minutes, four dacoits (three armed with a revolver and one armed with a dagger) forcefully entered inside the house and took the complainant's son into possession. When the complainant assured that he would cooperate them, then the dacoits returned him his son and after that the dacoits searched the house and looted the jwellery, cash, laptop and mobiles belonging to the complainant and his daughter.

(3.) Learned counsel for the applicant submitted that he has been falsely implicated. However on the contrary, learned Brief Holder submitted that the looted case property has been recovered from the possession of the present applicant. He further submitted that even the applicant has rightly been identified by the witnesses. He further submitted that the applicant is a habitual criminal for committing the same type of offences. The criminal history of the applicant is as follows: -