MOHD. RAFIQ Vs. STATE OF J&K

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dtd. 15/1/2008 and order of sentence dtd. 16/1/2008 passed by the Additional Sessions Judge, Ramban (hereinafter to be referred as "the trial court") whereby the appellant has been convicted for commission of offence under sec. 387 RPC and sentenced to undergo imprisonment of 2 years and to pay a fine of Rs.3,000.00. In default of making the payment of fine, the appellant has been further ordered to undergo imprisonment for one month.

(2.) The judgment of conviction and order of sentence have been assailed by the appellant on the ground that the learned trial court has not properly appreciated the evidence and has not taken into consideration the delay of seven days in lodging the FIR. It is also stated that there was no evidence before the trial court against the appellant for having used any weapon for extorting any money from the complainant and as such, no conviction could have been ordered under sec. 387 RPC.

(3.) Mr. Qadri Towkeer Nazir, learned counsel for the appellant vehemently argued that there are material contradictions in the statement of the complainant as well as his wife and the learned trial court has erred by relying upon the statement of PW-5 Mohd. Hanief, who if prosecution story is to be believed, was the accomplice of the appellant and he was not arrayed as an accused, therefore, his statement could not have been relied upon by the prosecution. He further argued that explanation furnished by the complainant for the seven days' delay in lodging FIR was false as per his own statement.