ABDUL JABBAR ABDUL DAKI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant Abdul Jabbar Daki (original accused) has been convicted by the Learned Presidency Magistrate, 25th. Courts, Mazagoan, Bombay under section 124 of the Bombay Police Act and sentenced to suffer R.I. for two months and to pay a fine of Rs. 100/- or in default to suffer R.I. for a further period of one month.

(2.) On March, 1, 1972 at about 11-30 p.m. Lance Naik Yeshwant Patil of Nagpada Police Station, Bombay, receive information that some boys were committing theft of motor car parts at Madanpura. He immediately proceeded to that place ad found the accused and some other boys loitering. According to the prosecution, on March, 14, 1972 the accused made a statement that he had kept a motor car radio transistor with a dealer in scrap materials and offered to point out the shop of the dealer. He led the police and the panchas to the shop o (P.W. 1) Haroon Mohamed, who produced a car radio transistor. That radio transistor was taken carge of under a panchas and the accused Abdul Jabbar Abdul Daki was eventually prosecuted for an offence under section 124 of the Bombay Police Act. The accused denied the charge and pleaded not guilty. His defence was one of total denial. He also denied having made any statement before the Police and the panchas or having made any statement before the Police and the panchas or having pointed out the shop of (P.W. 1), Harron Mohamed or of any other dealer to the Police.

(3.) On appreciation of the evidence adduced by the prosecutions and after taking into consideration the statement of the accused under section 342 of the Code of Criminal Procedure, the learned Magistrate came to the conclusion that the accused was guilty of the offence with which he was charged. He, therefore, convicted the accused under section 124 of the Bombay Police Act and sentenced him suffer R.I. for two months and to pay a fine of Rs. 100/- or in default to suffer R.I. for one month. Being aggrieved by the conviction recorded and the sentence of imprisonment and fine imposed by the learned trial Magistrate, the accused Abdul Jabbar Daki has come in appeal to this court.