JAVED Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 04.03.2016 and an order on sentence dated 10.03.2016 passed by the ASJ-04 (Central), Tis Hazari Courts. By the impugned judgment dated 04.03.2016, the appellant was convicted for commission of the offences punishable under Sections 392 and 397 of the Indian Penal Code, 1860 ( IPC ) and was sentenced to serve seven years of rigorous imprisonment and a fine of Rs. 5,000/- and in default of payment of such fine, to undergo simple imprisonment for a further period of one year.

(2.) Briefly stated, the case of the prosecution is that on 04.04.2015 at about 08:00 pm, the complainant was pulling his rickshaw at Turkman Gate and on reaching near HDFC Bank, Asaf Ali Road, the accused stopped the complainant and placed a blade on the left side of his head and took out Rs. 220/- from the complainant's pocket. At this stage, the complainant raised an alarm and the guard of the HDFC Bank ATM arrived at the spot and helped in apprehension of the accused. The security guard, thereafter, made a call at 100 number. The accused threw the blade on the road. The police arrived and on the searching the accused, Rs. 220/- were recovered and the blade used in the offence was also recovered from the spot.

(3.) On 10.08.2015, the appellant was charged with committing robbery of Rs. 220/- with the use of a deadly weapon (sharp edged blade). The accused pleaded not guilty and the matter was set down for trial. The prosecution examined six witnesses during the trial.