NIYAJ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant appeal is preferred against the judgment and order dtd. 31/1/2019 passed in Special Sessions Trial No. 05 of 2009, State v. Niyaz, by the court of Special Judge Gangster/3rd Additional Sessions Judge, Haridwar. By the impugned judgment and order, the appellant has been convicted under Sec. 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 ("the Act") and he has been sentenced to rigorous imprisonment for ten year and a fine of Rs.20,000.00.

(2.) Heard learned counsel for the parties and perused the record.

(3.) Facts necessary to appreciate the controversy, briefly stated are as follows. PW 1 Bahadur Singh Chauhan, at the relevant time, was working as Station House Officer at Police Station Manglore, Tehsil Roorkee, District Haridwar. On 25/7/2007, he orally lodged a report that the appellant along with others has formed a Gang and they would extort money by intimidation, threat and also of violence. They have terrorized the people. No person from the public is ready to give evidence against them. No body can raise voice against them. In the gang chart itself, the details of the cases pending against the appellant are given, which is as hereunder:-