Delhi High Court
The Delhi High Court has temporarily suspended the 6-month prison sentence of former Congress MLA Asif Mohd. Khan, who was convicted for encroaching on Delhi Development Authority (DDA) land.
The court has directed Khan to deposit Rs. 2 lakhs, part of the Rs. 5 lakhs compensation he owes to the DDA. Additionally, the High Court has issued a notice to the DDA, seeking their response.
Khan was originally sentenced on August 30, following a decision by Delhi’s Saket Court, which had dismissed his appeal and upheld his conviction. The court also mandated a compensation of Rs. 5 lakhs to the DDA.
Khan challenged the 2018 judgment related to encroachment on DDA land in Jasola Village. Additional Sessions Judge Vishal Singh upheld the 2018 decision by the Metropolitan Magistrate. The sessions court found the conviction well-founded, stating that the evidence sufficiently supported the charges.
The court also rejected Khan’s arguments regarding the seizure of evidence and photographic documentation of the encroachment.
In January 2018, Khan was convicted under sections 427/447/434 of the Indian Penal Code and Section 3 of The Prevention of Damage to Public Property Act, 1984. He was sentenced to six months in prison for each of the charges under sections 427 and 434, three months for section 447, and six months under the Prevention of Damage to Public Property Act.
All sentences were to run concurrently, and Khan was required to pay a total fine and compensation of Rs. 5 lakhs.
The case, filed based on a complaint from DDA’s Subhash Chandra, involved allegations that Khan had caused damage exceeding Rs. 50,000 to DDA land by removing and destroying barbed wire fencing and constructing a concrete platform on the land. The FIR was registered on November 23, 2007, and Khan was charged after the investigation concluded.
During the trial, Khan did not present any evidence in his defense. The Metropolitan Magistrate’s judgment in January 2018 found Khan guilty, leading to his conviction and sentencing in February 2018.
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