PARVINDER Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The appellant-Parvinder has been convicted under Section 392 read with Section 397 of the Indian penal Code, 1860 (hereinafter referred to IPC, for short) and has been sentenced with rigorous imprisonment of seven years and pay fine of Rs.1,000/- and in default undergo further rigorous imprisonment of three months. The appellant-Vikas has been sentenced to undergo rigorous imprisonment of 3 years and pay fine of Rs.1,000/- and in default undergo rigorous imprisonment for 3 months for the offence under Section 392 IPC.

(2.) On 3rd November, 2003, Mr. Mahesh Kant Jha, who was working as a security guard at Najafgarh Road was returning to his house at about 9 p.m.via railway track near West Patel Nagar Railway Station along with his nephew Mr. Hem Kant Jha. They stopped near the railway station track as a goods train was passing. While they were standing there, two boys came and robbed them. Mr. Mahesh Kant Jha was threatened with a knife by one of the boys. He was asked not to open his mouth or he would be stabbed. The other boy took out Rs.50/- from the pocket of Mr. Mahesh Kant Jha and Rs.750/- from the pocket of Mr. Hem Kant Jha. Thereafter, these two boys went towards Rama Road and Mr. Mahesh Kant Jha and Mr. Hem Kant Jha returned to their residence. They narrated the incident to their neighbours. Both of them along with neighbours returned back to the spot. One of the boys who had used the knife was found sitting in a park and the two boys were standing at some distance. The boy sitting in the park was recognized by the Mr. Mahesh Kant Jha and Mr. Hem Kant Jha and was overpowered and caught. The other two boys who were standing at a distance managed to escape. The boy who was overpowered was beaten up and sustained injuries. Subsequently, the police was called and it was revealed that the boy who was apprehended was Parvinder, the appellant in appeal no. 296/2005. Parvinder was arrested in FIR No. 50/2003 under Section 392/397/34 IPC Police Station Sarai Rohilla. Subsequently on the basis of secret information, the appellant-Vikas was arrested on 7th November, 2003 at West Patel Nagar Railway Station. The third accomplice could not be traced and was declared a proclaimed offender.

(3.) Mr. Hem Kant Jha and Mr. Mahesh Kant Jha have appeared as witnesses PW-5 and PW-6, respectively before the trial court. They have narrated the incident in which they were robbed next to railway line. PW-5, Mr. Hem Kant Jha, has stated that when they returned back with neighbours they saw the accused Parvinder along with two others, who managed to escape but appellant-Parvinder was overpowered. He has stated that there were three boys and the third associate was standing at some distance. PW-6, Mr. Mahesh Kant Jha has stated that he does not recognize his assailants and they were not present in person before the court. He was cross-examined by the learned Public Prosecutor but has stated that it is incorrect that he had apprehended the accused present in the court. Thus, PW-6, Mr. Mahesh Kant Jha did not recognize the appellant- Parvinder. However, PW-2, Constable Vijinder Singh has stated that on 4th November, 2003 he had gone to Patel Nagar Railway Station along with ASI Dilbagh Singh and Head Constable Davinder Singh. The appellant- Parvinder was present and he was arrested and taken to the police station and then to the hospital for medical examination as he had suffered injuries. PW-3, Head Constable Davinder Singh has stated that on 4th November, 2003 at about 12.30 a.m. at night he along with Constable Vijinder Singh and SI Dilbagh Singh had gone to the Patel Nagar Railway Station and thereafter arrested appellant-Parvinder. Arrest memo was also prepared. PW-7, SI Dilbagh Singh has corroborated the said statement and stated that on 4th November, 2003 he was posted at Police Station Sarai Rohilla and after receipt of DD No. 2A, which is Exhibit PW-1/A, he along with Head Constable Davinder Singh and Constable Vijinder Singh reached Railway Station Patel Nagar. A crowd had collected there. Appellant-Parvinder was present. Appellant-Parvinder was arrested and subsequently sent for medical examination. Next day appellant-Parvinder was produced in the court. In view of the statement of PW-5, Mr. Hem Kant Jha and the statements of PW-2 Constable Vijinder Singh, PW-3, Head Constable Davinder Singh and PW-7, SI Dilbagh Singh and the time and manner of arrest of the appellant-Parvinder, his involvement in the said incident of crime is established and proved beyond reasonable doubt.