Ashfaq v. State (Govt. of NCT of Delhi)
CITATIONS: Appeal (crl.) 1296 of 2002
BENCH: Justice Doraswamy Raju, Justice Arijit Pasayat
INTRODUCTION: This Case is at the stage of appeal filed by Asfaq and Haroon through the
special leave petition under Art. 136 of the Constitution of India and is against the decision of the
hon’ble high court and Additional Sessions Judge. The case is based on the charges under
sections 452, 392 and 397 read with 34, Indian Penal Code.
FACTS: In this case accused were Ashfaq, Haroon, Ikrar and Shahid. According to the
Prosecution story, accused entered the house of prosecution and told them that they were send
here by a person for whitewashing but after denial they closed the door of prosecution’s house
and accused threatened them with knives, pistols and other weapons. They demanded the keys of
the almirah and ordered to hand over the money. Then thereupon trial has been conducted in
which Additional Session Judge has convicted the accused under sections 452, 392 and 397 read
with sec. 34, IPC. Then against these convictions accused had preferred an appeal to High Court
but High Court has affirmed the convictions by Additional Session Judge. Then accused Ashfaq
and Haroon has preferred an appeal to Hon’ble Supreme Court.
ISSUES & FACT OF LAW: Whether convictions of these accused was valid by the Court
below?
JUDGMENT: Hon’ble Supreme Court has affirmed the previous convictions by the Court
below. Hon’ble Court held that the current finding is based on merits and sufficiently based on
and supported by overwhelming materials on record. Only change in the conviction under
section 397, IPC itself and not to be read with sec.34, IPC.
