ALI AKBAR @ BULLET Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 23.09.2019, whereby he was convicted of an offence punishable under Sections 392/397 of the Indian Penal Code, 1860 (IPC). The appellant also impugns an order on sentence dated 25.09.2019, whereby the appellant was sentenced to serve seven years of rigorous imprisonment along with a fine of Rs. 2,000/- and in default, to serve simple imprisonment for a further period of seven days for the offences for which he was convicted.

(2.) The said FIR was registered at the instance of Neeraj Kumar (hereafter 'the complainant'). He stated that he was employed with Planet Advertising Private Limited, Hauz Khas and was engaged in doing field work. He alleged that on the date of the said incident, atabout 8.00 PM, he was travelling from Oberoi Hotel towards Hauz Khas. While descending from the Lodhi Road flyover, he was stopped by two boys at a spot near the Lodhi Crematorium. The boys had blocked his path and stood in front of the motorcycle. He stated that one of the boys took out a cut throat razor (ustra) and forcibly removed his wallet from his trouser pocket. He stated that his wallet contained 160/-, his Voter ID Card, Aadhar Card and some documents. He raised an alarm and the two boys started running away from the spot. He also dialed 100 to report the incident. The boys ran towards the crematorium and at that time, two police officials were coming from that side. They heard him raise alarm and pursued the boys. They caught the heavier of the two boys but the other boy managed to run away. He stated that he identified that boy (the appellant herein) as the one who had threatened him with the ustra and had looted him.

(3.) It is the prosecution's case that on the basis of the complainant's call, DD No.36A was recorded and the same was handed over to SI Ashok Kumar (who deposed as PW-4). He, along with ASI Dharamveer, proceeded to the spot of the incident where they met the complainant, Ct. Hans Ram, and Ct. Ishwar Singh. They produced the appellant. SI Ashok Kumar recorded their statement and also prepared a sketch of the ustra. He sealed the said ustra in a pullanda made of white cloth and prepared the seizure memo. He also took the complainant's wallet in his possession and on the basis of the complaint prepared a rukka that was handed over to Ct. Ishwar Singh.Ct. Ishwar Singh went to the police station (PS Hazrat Nizamuddin) and presented the rukka to ASI Patel Chandrakant, who got the FIR in question registered. After registration of the FIR, he handed a copy of the FIR and original rukka to Ct. Ishwar Singh, who then returned to the spot and handed over the original rukka and the FIR to the IO (SI Ashok Kumar).