SAMIUDDIN ALIAS CHOTU Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The present appeal arises out of the judgment dated 28.02.2005 passed by the learned Additional Sessions Judge, convicting the Appellant, accused No. 1 and one other in FIR No. 155/2001 lodged under Sections 397/392/457 IPC with Police Station: Darya Ganj, Delhi.

(2.) Briefly stated, the facts of the case are that on 15.03.2001 at about 10:30 PM, when the complainant, Zaffar Hussain was at his residence on the second floor of premises No. 1669, Kucha Dhakni Rai, Daryaganj, Delhi, in the company of the members of his family, the door bell rang and the Appellant with three other persons entered the room, intimidated the inmates and forced the women to hand over their ornaments. They opened the almirahs and removed certain valuable articles. Twenty minutes later, when the son of the complainant rang the door bell, the accused persons opened the door and surrounded the son and took away his cash. Thereafter, they locked the family in the bathroom and decamped with the stolen articles. On 24.05.2001, the accused persons were arrested and they made disclosure of their involvement in the robbery. Upon completion of investigation, the charge-sheet was filed, charges were framed and the accused persons pleaded innocence. The matter was taken up for trial. The prosecution examined 14 witnesses in support of its case. PW-3, Smt. Shehnaaz and PW-10, Waseem Ahmed identified the four accused, including the Appellant.

(3.) The trial court considered the entire evidence and concluded that there was no doubt that the robbery committed at the residence of the complainant by the accused persons. Taking into consideration the testimony of PW-3, PW-10 and PW-14, Mr. Shahabuddin, the involvement of the Appellant and three other accused was confirmed by the impugned judgment. However, accused Nos. 2 & 3, Nazim and Mohd. Arif were given the benefit of doubt. The Appellant/accused No. 1 and accused No. 4, Rakesh Chauhan were held guilty of the offence under Section 397 read with Section 392 IPC as also under Section 457 IPC, having intruded in the house at night by force. As per the order on sentence passed by the learned ASJ on 01.03.2005, the Appellant was sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of 500/- for committing the offence under Section 397 read with Section 392 IPC. For the offence punishable under Section 457 IPC, the Appellant was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of 500/-. In default of payment of fine, the Appellant was required to undergo further rigorous imprisonment for a period of three months. Both the sentences were directed to run concurrently and the benefit under Section 428 Cr.PC was given to the Appellant.