MOHD TAQI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) After some hearing learned counsel for the appellants have restricted their submissions to the quantum of sentence. The two appellants have been convicted under Sections 393 and 394 of Indian Penal Code (hereinafter referred to as IPC). The appellant, Mohd. Noor was caught at the spot on 4th November, 2004 at about 8.30 a.m. while he along with other co-accused trying to rob PW-1, Mr. Vinod Maan, the complainant, who was going in a rickshaw. Mohd. Noor had shown knife to PW-1, Mr. Vinod Maan and tried to snatch the gold chain, which he was wearing. PW-1, Mr. Vinod Maan had stated that he raised alarm. In the meanwhile a motorcyclist came and the two appellants ran away. The motorcyclist apprehended Mohd. Noor but the other accused Mohd. Taqi managed to run away. The motorcyclist PW-4, ASI Mukut Lal has corroborated and reiterated the facts stated by PW-1, Mr. Vinod Maan. Police officers PW-2, Constable Lokender Singh and PW-9, SI Kirpal have also supported the prosecution case and proved the same.

(2.) Appellant Mohd. Taqi was arrested subsequently on 11th November, 2004. He had refused to join TIP proceedings and had stated that he had already been shown to the witnesses in the police station.

(3.) In view of the evidence available on records, it is held that the learned trial court has rightly convicted the accused persons under Sections 393 and 394 IPC.