STATE OF UTTARAKHAND Vs. ADNAN AHMAD

JUDGEMENT

(1.) Present respondent - accused was convicted by learned Trial Court for the offence under Sec. 294 of the Indian Penal Code, 1860 (in short, 'IPC') and he was sentenced which he already undergone and a fine of Rs.500.00.

(2.) Against the judgment dtd. 21/1/2006, passed by learned Trial Court, respondent filed a Criminal Appeal (No. 27 of 2006). The said Appeal was allowed. Allowing the Criminal Appeal on 17/7/2007, learned District and Sessions Judge, Haridwar, set aside the judgment of learned Trial Court and acquitted the respondent of the charge of Sec. 294 IPC.

(3.) Briefly stated the prosecution story as it emerges from re-appreciation of the evidence on record is that on 11/12/1998, when Inspector Suresh Singh Chauhan (PW1), informant, and other police personnel were present for a routine-check and were searching for the wanted criminals, on the information of the informer, it was found that the accused with his associates were sitting in two cars and were singing 'Aaja meri jaan mausam suhavna hai aa gale lag ja' towards the passing girls. At that time, Inspector J.P. Juyal (PW2) was also with them. Respondent-accused was arrested at 6 p.m. During the search of the accused person, a knife was recovered from his possession. The recovered knife was sealed. In spite of an endeavour, no public witness could be secured. The recovered knife was taken into possession vide recovery memo (Ext. Ka 1). An FIR was lodged by Inspector Suresh Singh Chauhan (PW1). After completion of investigation, charge-sheet was filed.