- (1.) The instant appeal is directed against the judgment and orders dated 20.11.2015 passed by the learned Additional Sessions Judge, Fast Track Court No.1, Moradabad in S.T. No. 279 of 2010 (State Vs. Mohd. Aslam alias Chhunnu and another) arising out of case crime no. 367 of 2009 under sections 489B and 489C IPC, P.S. Mainathher, District Moradabad, whereby the appellant was convicted under sections 489B, 489C IPC and sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs. 10,000/-, in default thereof to further undergo simple imprisonment of one year and to undergo rigorous imprisonment for seven years' and to pay fine of Rs. 5,000/-, in default thereof to further undergo simple imprisonment of one year. Both the sentences were declared to run concurrently.
(2.) Heard Sri Mohit Singh learned counsel for the appellant and Sri Abdul Mazid, learned AGA for the State and perused the record.
(3.) On behalf of the appellant it has been submitted that the impugned judgment and orders are against weight of the material available on record. The learned trial Judge has not appreciated the evidence in proper perspective and merely on the basis of hear say evidence and evidence adduced on behalf of the co-accused, the appellant has been convicted. There is no admissible evidence against the present appellant to show his complicity in the crime.;