MOHAMMED ALI MOINUDDIN SAYED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the appellant's conviction by the learned Additional Sessions Judge, Mumbai for the offences punishable under Sections 457 and 394 r/w Section 397 of the Indian Penal Code (for short, "IPC") and sentence of rigorous imprisonment for seven years imposed upon the appellant by the learned Judge on each of the two counts on conclusion of Sessions Case No. 63 of 2010. The facts which are material for deciding this appeal are as under:

(2.) In the course of investigation, the police performed panchnama of the spot, recorded statements of the witnesses, seized the blood stained clothes of the victim, caused samples of the appellant and the victim to be taken, sent the samples and the blood-stained clothes to the Forensic Science Laboratory and on completion of investigation, sent the charge-sheet to the Court of learned Metropolitan Magistrate, 26th Court, Borivali, Mumbai, who committed the case to the Court of Sessions at Dindoshi, Mumbai.

(3.) The learned Additional Sessions Judge to whom the case was made over charged the appellant of having committed offences punishable under Sections 457 and 394 r/w Section 397 of the IPC, in furtherance of common intention shared by the appellant with the two absconders. Since the appellant pleaded not guilty, he was put on trial at which the prosecution examined in all seven witnesses in its attempt to bring home the guilt of the appellant. The defence of the appellant was that the appellant had in fact been arrested by the police about two days before the incident and had been thrashed up. Since the appellant had suffered serious injuries, in order to cover-up the assault by the police on the appellant, the appellant was involved falsely in the alleged robbery at the house of Kirit Makwana. After considering the prosecution's evidence in the light of the defence raised, the learned trial Judge convicted and sentenced the appellant as afore-mentioned. Aggrieved thereby, the appellant is before this Court.