RAJU @ SOMNATH Vs. THE STATE (NCET OF DELHI)

JUDGEMENT

(1.) THIS appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 1.3.2001 whereby learned trial Court has found the appellant guilty of an offence Under Section 328 and 379 IPC and vide order on sentence dated 1.3.2001 has sentenced him to undergo RI for four years and one year respectively in case FIR No. 456/1998, Under Section 328/379 IPC, P.S. Tilak Marg, New Delhi.

(2.) ARGUMENTS heard.

(3.) THE brief facts of the case are that on 31.8.98 one HC Ramphal along with HC Om Parkash and constable driver Rajinder were on duty in a PCR Van near the red light area at the crossing of Zakir Hussain Marg and Subramaniam Bharti Marg. At about 1.30 p.m. one Ajay Gupta made report to HC Ram Phal that two persons travelling in the auto rickshaw had administered intoxicating substance to him and had removed money from his pocket. He was feeling giddy. The police apprehended Mohinder and Raju at the spot whereas the driver of auto rickshaw slipped away. On search of the accused Mohinder one diary and currency notes of Rs. 500/ - were recovered from his pocket. Trial Court framed Charge under Section 328 and 379 read with Section 34 IPC. PW -1 Ajay Gupta has supported the case of the prosecution and stated before the Court that he was administered intoxicating substance by the accused persons present in the auto rickshaw and they had removed money from his pocket. He was feeling giddy.