MOHAMMED IQBAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this Criminal Appeal is to the order of conviction rendered by the 1st Additional Principal Judge and Additional Sessions Judge, Greater Mumbai in Sessions Case No.304 of 1995 convicting the appellant Mohammed Iqbal Magnu Ismail Ansari for the offence punishable under Ss. 367 read with 34 of the Indian Penal Code (hereafter 'IPC' for short), thereby sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs.1,000,.00 in default of payment of fine, to undergo two months rigorous imprisonment. The appellant is also convicted for the offence punishable under Ss. 393 read with 34 of the IPC and sentenced to undergo two years rigorous imprisonment and to pay fine of Rs.1,000.00, in default of payment of fine, to undergo further rigorous imprisonment for two months. The appellant was found not guilty of the other charges.

(2.) The prosecution case in brief is thus :-

(3.) PW-2 who is examined at Exhibit 8 is the wireless operator of the police vehicle which intercepted the taxi. PW-2 deposed that he noticed the activities of the passengers sitting on the rear seat suspicious and therefore the police party decided to intercept the taxi. The appellant who was sitting in front started running away when the taxi was intercepted by the police. PW-2 says that even the accused sitting on the rear seat ran away. PW-2 with the help of the public nabbed the appellant who is the accused No.1.