HIGH COURT OF DELHI
VIBHU BAKHRU, J
GULAM JILANI @ KALLU – Appellant
Versus
GOVT. OF NCT OF DELHI – Respondent
JUDGMENT
1. The appellants have filed these appeals impugning a judgment dated 24.05.2017 passed by the learned ASJ-04, Rohini Courts, whereby they were convicted for committing an offence punishable under Sections 392 /34 of the Indian Penal Code, 1860 (hereinafter „ IPC ‟ ). The appellants also impugn an order on sentence dated 27.05.2017, whereby they were sentenced to undergo rigorous imprisonment for a period of seven years along with a fine of ₹ 3,000 each and in default of payment of fine, to undergo simple imprisonment for a period of three months.
2. The appellants were charged with committing offences punishable under Sections 392 /411/34 of the IPC . In addition, Sandeep (the appellant in Crl. A. 620/2017) was also charged with committing an offence punishable under Section 397 of the IPC . The Trial Court acquitted the appellants of all charges, other than the charge of committing an offence punishable under Section 392 of the IPC , as the court did not believe that the prosecution had established that the goods recovered from the appellants were those that were stolen. Further, the complainant (who was also the eyewitness) resiled from his earlier statement that he had
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