RAHUL @ GOLI @ CHUWRA Vs. STATE

JUDGEMENT

(1.) The present appeal arises of a judgment dated 02.07.2016 passed by the Learned ASJ, Rohini Courts, whereby the appellant was convicted of the offences punishable under Sections 397 and Section 411 of the Indian Penal Code, 1860 (IPC). The appellant further impugns the order dated 15.07.2016, whereby he was sentenced to undergo rigorous imprisonment of seven years with a fine of Rs.5,000/- for the offence committed under Section 397 of the IPC and in default in payment of fine, to undergo simple imprisonment for a period of one month.

(2.) The appellant was prosecuted pursuant to an FIR registered with PS Shalimar Bagh, under Sections 394/397/411/34 of the IPC and Sections 25/27 of the Arms Act, 1959. The case set up by the prosecution is that on 26.06.2015, the complainant (Sunil) - who was a student of 12th Standard at the material time - was returning home after attending a computer class. At around 8:15 pm, he got down at Badli bus stand and while passing through a park near MGF Mall on outer ring road, he was confronted by two boys. They asked him to handover his belongings, failing which they threatened to stab him with a knife. It is alleged that in order to escape, the complainant started running, however, one of the two boys caught hold of him by his neck. The complainant tried to save himself but the boy, who had caught hold of him, told the other boy - Rahul, the appellant herein - to stab the complainant. Egged on by the boy who had caught the complainant, Rahul gave two knife blows on the complainant's hip. It is further alleged that thereafter, the said two assailants took away his mobile phone (of the brand Samsung with a SIM Card for the mobile no. 8585949213) and an amount of Rs.70/-, from his pocket and ran away from the spot.

(3.) Thereafter, the complainant with the assistance of a passerby gave information to the PCR. The said information was passed on to PS Shalimar Bagh, and was recorded as DD no. 44A. Pursuant to this, ASI Raj Bahadur reached the spot and found that injured had already been shifted to Max Hospital by the PCR officials. ASI Raj Bahadur then reached there and obtained the MLC of the complainant. Thereafter, he recorded Sunil's complaint on the basis of which the FIR in question was registered.