SAHAB KHAN Vs. RAMZAN KHAN & ORS

JUDGEMENT

(1.) Heard on I.A. No.9126/2017, an application for condonation of delay. The application for grant of leave to appeal is barred by 753 days. For the reasons assigned in the application, we are of the view that the cause shown is sufficient to condone the delay. Accordingly, I.A. No.9126/2017 is allowed and the delay of 753 days in filing this appeal is hereby condoned. Also heard on the question of admission.

(2.) Brief facts of the case are that the applicant/complainant had purchased on plot No.708, of area 16/20 Sq.ft from Aliraj for a consideration of Rs. 22,000/-. On 25/09/2009 at about 5.00 pm, complainant Sahab Khan (P.W.3) was at his house, at that time, respondent Nos.1 & 2/accused-Ramzan and Shahil came there and they took complainant to the aforesaid plot by their motorcycle, where they hurled filthy language and asked Sahab Khan (P.W.3) that how he is constructing the house on the aforesaid plot and they also assaulted him. Sahab Khan (P.W.3) explained that he has purchased the plot from Aliraj and he is having notarised documents about the transfer of land and also showed the notary. Thereafter the respondent No. 1 & 2/accused persons took him to Court by motorcycle where they clicked got printed complainant's passport size photo and took him to Office of advocate where they got executed one stamp paper from Sahab Khan (P.W.3) and threatened to kill him if he report anyone about the incident. Applicant/complainant-Sahab Khan (P.W.3) lodged a report and on that basis, police registered F.I.R bearing Crime No.1077/2009 and arrested accused persons. On the basis of disclosure statement of respondent No.2-Shahil Khan, police seized one agreement of sale and after completion of investigation, charge-sheet was filed.

(3.) Learned trial Court, after due appreciation of the entire evidence on record, by impugned judgment acquitted the respondent Nos. 1 to 3/accused from the aforesaid charges. Aggrieved by the judgment, applicant/complainant- has filed this petition for grant of leave to appeal against the judgment of acquittal.