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2018 Supreme(P&H) 4127

GURVINDER SINGH GILL
Shane Alam @ Aslam – Appellant
Versus
U. T. Chandigarh – Respondent


Advocates Appeared:
Suman Preet Aulakh, Adv.

JUDGMENT

Gurvinder Singh Gill, J. - Appellant-Shane Alam @ Aslam assails judgment dated 19.12.2014 passed by learned Sessions Judge, Chandigarh whereby the appellant has been held guilty of having committed offences punishable under Sections 413 and 473 of IPC and has been sentenced to undergo imprisonment as follows :-

    Convicted under Section

    Sentence imposed

    In default of payment of fine

    413 IPC

    R.I. for 1 year & 6 months and fine of Rs. 1,500/-

    Further R.I. for 1 month and 15 days

    473 IPC

    R.I. for 1 year & 6 months and fine of Rs. 1,500/-

    Further R.I. for 1 month and 15 days

    2. The case of prosecution, in nutshell, is that complainant Kulbir Singh had gone to Sector 15, Chandigarh in connection with official work on 22.5.2014 at about 5:30 p.m. on government motorcycle bearing registration No. PB65-N-4428 and had parked his motorcycle by the roadside and had duly locked it. However, when he returned back at about 6 p.m. he found his motorcycle missing.

    3. It is further the case of prosecution that on 9.7.2014, when the police was present a

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