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ALLAHABAD HIGH COURT
Vishnu Chandra Gupta, J.
Mohd. Azahar -Appellant
Versus
State of U.P. -Respondent
Cr. Appeal No. 1588 of 2013
Decided On : 21-01-2014
Criminal Appeal - Conviction under various sections of IPC and U.P. Gangsters Act - 41/411, 413, 419, 420, 467, 468, IPC and section 3(1), U.P. Gangsters Act - Summary of Acts and Sections
Fact of the Case:
The appellant was convicted and sentenced under various sections of IPC and U.P. Gangsters Act for the theft and possession of a stolen vehicle. The vehicle was recovered from the possession of the appellant and another person, and fake documents were found in their possession.
Finding of the Court:
The court found that the prosecution failed to prove the charges against the appellant under the relevant sections of IPC and U.P. Gangsters Act. It was noted that the evidence did not establish the appellant's involvement in the theft or possession of the stolen vehicle.
Issues: The issues revolved around the recovery of the stolen vehicle, the authenticity of the documents, and the appellant's alleged involvement in the theft.
Ratio Decidendi: The court concluded that the evidence presented was insufficient to prove the appellant's guilt under the relevant sections of IPC and U.P. Gangsters Act. The statements made by the co-accused were not admissible as substantive evidence, and there was no proof of the appellant's awareness of the vehicle being stolen.
Final Decision: The appeal was allowed, and the appellant was acquitted of all charges. The court ordered the appellant's immediate release if not wanted in any other cases.
The instant criminal appeal under section 374 (2) of the Code of Criminal Procedure (for short Cr.P.C.) has been preferred by the appellant against the judgment and order dated 23.9.2013 passed by the Additional Sessions Judge/Special Judge, Gangsters Act, Court No. 3, Gonda, in Gangster Case No. 197 of 2008 having case crime No. 172 of 2007 under sections 41/411, 413, 419, 420, 467, 468, IPC and section 3(1), U.P. Gangsters and Anti Social Activities (Prevention) Act (for short 'U.P. Gangsters Act')/relating to Police Sta-tion-Paraspur, District Gonda, whereby the appellant was convicted and sentenced under section 413 IPC with rigorous imprisonment of ten years and fine of Rs. 5,000/-, in default thereof to undergo six months additional simple imprisonment, under section 419 IPC with rigorous imprisonment of three years, under section 420 IPC with rigorous imprisonment of five years and fine of Rs. 5,000/-, in default thereof to undergo three months' additional simple imprisonment, under section 467 IPC with rigorous imprisonment of ten years and fine of Rs. 5,000/-, in default thereof to undergo six months' additional simple imprisonment, under section 468 IPC with rigorous imprisonment of five years and fine of Rs. 5,000/- in default thereof to undergo three months' additional simple imprisonment and under section 3(1), U.P. Gangsters Act with rigorous imprisonment of five years and fine of Rs. 5,000/-, in default thereof to undergo six month additional simple imprisonment, and fine of Rs. 5000/-, in default thereof to undergo six months additional simple imprisonment. It was also ordered that all the sentences shall run concurrently. The accused-appellant was acquitted of the charges levelled under sections 41/411, IPC.
2. The facts giving rise to the present appeal are that on 7.7.2007 when S.O. Raj Kumar along with Head Constable Bechu Prasad Yadav, Constable Badfuddeen, Constable Pradeep Kumar Singh, Constable Raj Kumar Mishra and Amarnath Upadhyaya, the Government Jeep Driver, were on petrol duty in Saryu Pul Bhauriganj, received a secret information from a informer that a Scorpio Car is coming in village Bihari Vashan Purva, Mauja-Bahuban Madar Majha, which seems to be of stolen. Soon, it is coming towards Charsadi crossing. If the efforts are made quickly, it may be recovered. After believing this information, S.O. Raj Kumar Singh along with police personnel reached Charsadi crossing where S.I. Ram Naresh Gautam and Constable Sudar-shan Singh met. S.O. Raj Kumar Singh narrated the said story to them. The police party began to wait for the vehicle in question hiding towards north side of medical store of Dr. Ishnath. At about 1.00 p.m. a Scorpio vehicle was seen coming from the side of Rampur through Kichcha road, which was stopped by the police party and checked it. On checking it out, it was found that a person namely; Saleem Khan son of Shaukat Khan, R/o House No. 328 Ta-rapuri P.S. Brahmpuri District Meerut (Non-appellant) was sitting on the driver seat and another person was sitting in the adjoining seat of the driver; namely; present appellant Mohd Azhar, son of Jahid Husain, R/o Khen Nagar (Presently) Darapuri, P.S. Brahmpuri District Meerut. On being asked the accused Saleem Khan told that he and his brother-in-law Mohd. Azhar, the appellant, have brought this vehicle after stealing it from Bijnor for sale. They had come yesterday and stayed in the night in the house of a known person; namely; Raghuraj son of Baijnath Godiya, R/o Village Bihari Vaishan Purva Mauza Bahuban Madan Majha. On demand for the R.C. and Insurance of the vehicle, driver Saleem Khan told that they forged these papers. The number of vehicle UP-20 R 9075 mentioned on number plate is also fake. When the same were checked, it was found that in Registration Certificate vehicle number U.P.-20 R 9075 is mentioned and the date of registration of vehicle was shown as 2.3.2005. The plate of the same number
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