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2017 Supreme(Del) 1924

R.K.GAUBA
MOHD. MAQSOOD ALAM – Appellant
Versus
STATE (NCT OF DELHI) – Respondent


Advocates Appeared:
For the Appellant : Mr. Wiqar Ahmed & Mr. Naved Johar, Advs.
For the Respondent: Mr. Tarang Srivastava, APP for State with SI Amrik Singh, PS Special Cell, Lodhi Colony, Delhi

JUDGMENT :

1. These four appeals arise out of the same judgment dated 29.07.2015 and order on sentence dated 30.07.2015 of the Additional Sessions Judge-02, New Delhi in Sessions Case No. 170/2013 registered on the basis of reports under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted on the basis of evidence collected during investigation of first information report (FIR) No. 28/2013 under Sections 489B, 489C, 120B of Indian Penal Code, 1860 (IPC) of police station Special Cell, Delhi. The first three appellants were held guilty, as charged, for offences under Sections 489B, 489C and 120B IPC, the last mentioned appellant Mohd. Maqsood Alam having been convicted for the offence of criminal conspiracy under Section 120B IPC.

2. Though the appeals raise a number of contentions, the prime submission made on behalf of the first and second appellant (Mohd. Kamil and Anwar Ali respectively) with regard to denial of opportunity for cross-examination of two crucial witnesses for prosecution during the trial is found sufficient to set aside the impugned judgment, and the order on sentence, and to remit the case to the trial court for further proceedings in accordance











































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