SALMAN KHAN Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed against the judgement and order of conviction dated 25.11.2016, passed by Additional Sessions Judge/Special Judge E.C. Act, Gorakhpur in Sessions Trial No. 360 of 2013, Case Crime No. 35 of 2013, under Sections 413 & 414 IPC, Police Station Kotwali, District Gorakhpur, by which the sole accused-appellant has been convicted for the offences under Sections 413 and 414 IPC and sentenced with five years rigorous imprisonment and Rs. 5000/- fine under Section 413 IPC and one year rigorous imprisonment and Rs. 1000/- fine under Section 414 IPC with default clauses for two months and one month additional imprisonment respectively.

(2.) Heard Sri Arivind Kumar Goswami, learned Amicus Curiae for the appellant and learned AGA.

(3.) Learned Amicus Curiae submitted that the appellant is a poor motor mechanic who used to repair the motorcycles of police personnel and on asking for charges of motorcycle repair he has been falsely implicated; that there is no independent witness of the recovery of a stolen motorcycle from the possession of appellant and of further recovery of three stolen motorcycles at his pointing on 18.01.2013 and the above recovery has been wrongly and falsely planted on him; that the prosecution has failed to prove the charges against the appellant by any independent and trustworthy evidence beyond reasonable doubt; that the impugned judgment and order of conviction is wrong and incorrect and is liable to be set aside.