JUDGMENT :

1. The appellant has filed the present appeal impugning a judgment dated 21.01.2017, whereby the Ld. ASJ, Karkardooma Courts has convicted the appellant for committing an offence punishable under Section 413 of the Indian Penal Code, 1860 (hereinafter ‘IPC’). By an order dated 28.01.2017, which is also impugned in this appeal, the appellant was sentenced to undergo rigorous imprisonment for period of seven years along with a fine of Rs.40,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of one year.

2. Briefly stated, the facts of the case are that on 05.04.2006, one Riyaz Mohammed (the complainant) lodged an E-FIR no. 10208/16, under Section 379 of the IPC regarding theft of his motorcycle (bearing no. DL-8SA-Z-7225). On 14.04.2016, Special Staff, North East apprehended the appellant with stolen vehicles and lodged DD no. 70B regarding the recovery of chassis bearing no. 18145 (which pertained to the aforesaid motorcycle) from the premises of the appellant. Thereafter, the appellant was arrested and sent to judicial custody. He was arrested in the present case from the concerned court, where he was produced on a production warra