GULFAM Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 16.12.2015, whereby he was convicted for the offences punishable under Sections 392 / 397 of the Indian Penal Code, 1860 (IPC). The appellant also impugns an order on sentence dated 23.12.2015, whereby he was sentenced to undergo rigorous imprisonment for a period of seven years for the offence punishable under Section 397 of the IPC; rigorous imprisonment for a period of five years for the offence under Section 392 of the IPC; and a fine of ?500/- was imposed on him, in default of which, the appellant would have to undergo fifteen days of simple imprisonment. All the aforesaid sentences were directed to run concurrently.

(2.) Briefly stated, the case of the prosecution is that on 13.12.2014 at about 11:00 pm, near red light Welcome towards Seelam Pur, Delhi the appellant committed the robbery of a mobile phone belonging to Mohd. Firoz (the complainant) and during this incident, the appellant used a weapon - a paper cutter. Thereafter, certain public persons apprehended the appellant and gave him beatings. Consequently, FIR No. 853/2014 under Sections 397 / 392 of the IPC was registered with PS Seelam Pur, thus setting criminal law into motion.

(3.) The charge sheet was filed against the appellant and by an order dated 03.02.2015, he was charged with the commission of the offences punishable under Sections 392 / 397 of the IPC. The appellant pleaded not guilty and the case was set down for trial. During the course of the trial, the prosecution examined six witnesses and the defence did not lead any evidence. Evidence