MOHAMMAD MUZAFFAR Vs. STATE OF J & K

JUDGEMENT

(1.) This revision petition has been filed against judgment dtd. 10/4/2010, passed by learned Sessions Judge, Ramban whereby the appeal filed by the petitioner against judgment dtd. 26/2/2007 passed by Judicial Magistrate 1st Class, Gool, in FIR No. 05/2005 for commission of offences under Sec. 506 RPC, has been dismissed.

(2.) In the petition, it is stated that both the Courts below have committed error in appreciating the evidence and ignored the law cited while passing conviction. It is stated that there is no evidence regarding the delivery of the alleged letters, as alleged in the FIR. It is further stated that the only evidence which has been made the basis for convicting the petitioner- Mohd. Muzaffar is the contents of the FSL report which is a weak kind of evidence.

(3.) Learned senior counsel for the petitioner states that alleged hand writing obtained before the Naib Tehsildar is of one Mohd. Zaffar and not of Mohd. Muzaffar, whereas the criminal proceedings have been launched against the petitioner -Mohd. Muzaffar. It is stated that as per the prosecution story, the alleged letters were received by the complainant prior to the filing of the impugned FIR. It is further stated that power of Investigating Officer to obtain the handwriting of the petitioner for comparison was questioned not only before the trial court but also before the Appellate Court, but both the Courts have not given any finding on the said argument.