AMIT TOMAR Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 09.03.2017, whereby the appellant was convicted of committing an offence punishable under Section 392 / 397 of the IPC read with Section 34 of the IPC. In addition, the appellant was also convicted of an offence punishable under Section 27 of the Arms Act, 1959. The appellant also impugns an order on sentence dated 17.03.2017, whereby he was sentenced to undergo rigorous imprisonment for a period of seven years with a fine of Rs. 3,000/- for the offence punishable under Section 397 of the IPC. It was further directed that the appellant would undergo simple imprisonment for a period of three months in default of payment of the fine. He was sentenced to serve rigorous imprisonment of three years with a fine of Rs. 3,000/- for committing the offence punishable under Section 392 / 34 of the IPC and in default of payment of fine, to undergo simple imprisonment for a further period of three months. He was further sentenced to rigorous imprisonment for a period of three years with a fine of Rs. 3,000/- for the offence punishable under Section 27 of the Arms Act, 1959 and in default of payment of the fine, to undergo simple imprisonment for a further period of three months. The sentences were directed to run concurrently. The appellant was also granted the benefit of Section 428 of the Cr.PC.

(2.) The appellant was prosecuted pursuant to registration of an FIR, being FIR no. 154/2011 under Sections 392 / 34 / 397 of the IPC and Section 27 of the Arms Act, 1959, registered with PS Saket. The FIR in question was registered at the instance of one Ms Cecilia Renthlei (hereafter referred to as 'the complainant'). She had reported an incident of being robbed at a gunpoint. The said information was entered as DD No. 25/A on 10.05.2011. The same was then handed over to SI Jitender Kashyap who along with Ct. Harkesh reached Press Enclave Road near Main Gate Qila Rai, Pithora Park, which was the place where the incident had occurred. SI Jitender Kashyap (who was examined as PW8) recorded the statement of the complainant, which was exhibited as Ex.PW6/A. The complainant stated that she was a permanent resident of Aizawl, Mizoram and was at the material time residing at Lado Sarai, New Delhi in a tenanted premises. She stated that she was working as an Operations Supervisor at Hard Rock Cafe, New Delhi. She had left her place of work (Hard Rock Cafe) at 10:45 pm on the said date and taken an auto (TSR) to go back to her home via Press Enclave Road. She stated that after crossing Malviya Nagar Metro Station Red Light, two persons riding on a Bajaj Discover Bike, stopped right in front of the auto. She stated that one of them came towards her to get a lighter but instead took out a gun and pointed it at her and demanded her bag. She stated that she was scared to death and the said persons took away her bag, which she described as a green and white color bag. She stated that the said bag contained the following articles: one black colour small purse containing two debit cards (one of Yes Bank and one of SBI), a PAN Card, a Voter ID Card, the employee Card of Hard Rock Caf? ((THELAW)), bunch of office and house keys and Rs. 200/-. She also described the person who had come towards her and pulled out a gun. According to her, he was about 5 feet 7 inches of thin built, long face and whitish complexion. She stated that he was wearing blue jeans and a light yellow t-shirt. She described the person who remained on the motorcycle bike as strong built with an oval face and approximately 5 feet 8 inches tall. She alleged that they had taken away her bag on a bike, which had a Delhi registration number, but she had not noted down the number of the said motorcycle. She asserted that she could identify both the persons, if produced before her and requested that action be taken.

(3.) On the basis of the said statement, SI Jitender Kashyap prepared a Rukka (Ex.PW8/A) and he sent Ct. Harkesh to the police station for registration of the FIR. Ct. Harkesh (who was examined as PW2) testified that he was handed over the Rukka prepared by SI Jitender Kashyap. He had then proceeded to the police station for registration of the FIR and had returned back to the spot with a copy of the FIR, which was handed over to SI Jitender Kashyap.