LAWS(P&H)-2013-7-1322

IFRAN Vs. STATE OF PUNJAB

Decided On July 08, 2013
IFRAN Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Appellant-Convict Ifran son of Majid has preferred the instant appeal to challenge the impugned judgment of conviction & order of sentence dated 5.12.2001, by virtue of which, he was convicted and sentenced to undergo rigorous imprisonment for a period of three years, to pay a fine of Rs. 1000/- and in default thereof to further undergo simple imprisonment for a period of six months u/s 411 IPC by the trial Court of Additional Sessions Judge.

(2.) The contour of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the present appeal and emanating from the record, as claimed by the prosecution, is that, on 1.11.1998 at about 3.40 P.M. as soon as, the police party headed by SI Jagtar Singh (PW3) was present on Chakki bridge, Pathankot, in the meantime, a Maruti 800 car, bearing registration No.UP-14-H-9917 of cherry red colour, came from the side of Jalandhar. The driver was signaled to stop the car, but he tried to accelerate the speed. Ultimately, it was stopped and its driver was apprehended, who initially disclosed his name as Kishan alias Babloo, resident of Gulhati. The recovered documents did not tally with the engine number, chassis No. and other particulars of the car. During the interrogation, the driver (appellant) told his real name as Ifran alias Babloo son of Majid. He confessed that he had actually stolen the car from Shastri Nagar, Meerut and was on his way to sell the car in Jammu. His personal search was also conducted. Consequently, PW3 prepared the writing (ruqqa) (Ex.PI) and sent the same to the police station for registration of a case, which formed the basis of FIR (Ex.PI/1).

(3.) Narrating the sequence of events, in all, the prosecution claimed that on 1.11.1998, the stolen car was recovered from the possession of the appellant. In the background of these allegations and in the wake of writing (ruqqa) (Ex.PI), a criminal case was registered against the appellant-convict, vide FIR No.181 dated 1.11.1998 (Ex.PI/1), for the commission of offences punishable u/ss 379, 411, 413, 414, 416, 467 and 471 IPC by the police of Police Station Division No.II, Pathankot, District Gurdaspur, in the manner depicted here-in-above.