Delhi HC suspends sentence of former Congress MLA Asif Mohd. Khan in case of encroachment on DDA land

New Delhi [India], September 9 : The Delhi High Court has suspended the sentence of former Congress MLA Asif Mohd. Khan. He was sentenced to 6 months imprisonment in a case of encroachment on DDA land.
He is directed to deposit Rs. 2 lakhs, which is a part of Rs. 5 lakhs compensation to DDA. The High Court also issued notice to DDA and sought a reply. Asif Mohd Khan was sentenced on August 30.
Earlier, Delhi's Saket Court dismissed the appeal of former MLA Asif Mohd. Khan and sentenced him to six months imprisonment. He is also directed to pay Rs 5 Lakh compensation to DDA.
He had challenged the judgement and sentence of 2018 in a case related to encroachment on DDA Land in the area of Jasola Village.
Additional Sessions Judge (ASJ) Vishal Singh upheld the Judgement and sentence order passed by the Metropolitan Magistrate in 2018. Khan's Counsel confirmed the order of the court.
The sessions court held that the learned Trial Court rightly appreciated the evidence to convict the appellant. The impugned judgment of conviction is just and well-reasoned. Therefore, the present appeal, so far as it impugns the judgment of conviction for offence under sections 427/447/434 IPC and Section 3 of The Prevention of Damage to Public Property Act, 1984, stands dismissed.
"In view of testimonies of prosecution witnesses and documentary evidence, the prosecution was able to bring home the charged offence against the appellant," ASJ Vishal Singh held in the judgement passed on August 28.
The court also rejected the arguments of Asif Mohd. Khan. "There is no substance in arguments that the uprooted barbed wire was not seized by the Investigation Officer (IO) and no photograph of alleged encroachment was taken," the court said.
Former MLA Asif Mohd. Khan challenged the judgment of January 20, 2018, of Metropolitan Magistrate Saket Court, he was convicted for an offence Under sections 427/447/434 IPC & Section 3 of The Prevention of Damage to Public Property Act, 1984, and on February 5, 2018, he was sentenced to simple imprisonment of six months along with a fine of Rs 5,000 for offence U/s. 427 IPC, simple imprisonment of six months along with a fine of Rs 5,000 for offence U/s. 434 IPC, simple imprisonment of three months alongwith a fine of Rs 500 for offence U/s. 447 IPC and Simple Imprisonment of six months alongwith a fine of Rs 10,000 for offence U/s. 3 of The Prevention of Damage to Public Property Act, 1984, in an FIR of PS Jamia Nagar. All the sentences were ordered to run concurrently.
In addition, Khan was directed to pay a compensation amount of Rs 5 lakh to DDA, within one month.
As per Prosecution, Asif Mohd (appellant) committed mischief by causing damage to the amount of more than Rs 50 of the DDA land, situated at Khasra No.409, Village Jasola, by removing/destroying the barbed wire fencing up to 6ft. x 30ft, carried out by the DDA. The appellant encroached upon the said government land ( DDA land) and constructed a pucca concrete platform on it.
The FIR was registered on the complaint of November 23, 2007, of complainant Subhash Chandra, Director, Land Management, DDA, New Delhi. On completion of the investigation, the charge sheet was filed in Court and Asif Mohd was charged for offence U/s. 427/447/434 IPC & Section 3 of the Prevention of Damage to Public Property Act, 1984.
During the trial, Asif Mohd Khan did not avail of the opportunity to lead evidence in defence.
After, hearing the final arguments from both sides, the metropolitan Magistrate passed a judgment on January 20, 2018, holding appellant/accused Asif Mohd guilty of offence U/s. 427/434/447 IPC and Section 3 of The Prevention of Damage to Public Property Act, 1984, and sentenced him vide order on sentence on February 05, 2018.