HUKAM SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This appeal has been preferred by the appellant against his conviction whereby the appellant has been convicted under Section 392 read with Section 34 and Section 394 IPC and sentenced to undergo RI for seven years and to pay fine of Rs.1,000/-.

(2.) The prosecution's story is that the victim Kailash was found in injured condition on road and he reported that on 11 th August, 2001 at about 9.30 pm he had hired a Three Wheeler Scooter Rickshaw (TSR) from Tigri Khanpur for Anand Vihar ISBT and in the said TSR one person was already sitting. At about 10.30 pm, the TSR driver instead of going to his destination turned TSR to Hasanpur, when he objected to it and asked the driver as to where he was taking the TSR, the person sitting on the back seat took out a knife and pointed at his throat and robbed Rs.400/- from his pocket and snatched a suitcase containing his clothes and cash of Rs.5500/-. In the process of robbing him, he was injured by knife. He was then thrown out of the TSR and the scooter driver ran away with the robber.

(3.) The appellant is alleged to be the TSR driver and has been convicted on the basis of testimony of complainant that the appellant was the driver of TSR in which he was robbed. The appellant was arrested by the police in this case on the basis of a purported confession made by the appellant in another case before another police official while in custody. After his arrest, his police remand was sought in this case and investigation was done. The appellant refused TIP on the ground that he was shown to the witnesses. Thus, the identification of the appellant from complainant was got done outside the Court by the Investigating officer and thereafter he was identified in the Court.