KAILASH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The appellant has filed this appeal impugning a judgment dated 30.11.2019 whereby he was convicted for offences punishable under Sections 392 and 397 of the Indian Penal Code, 1860 (IPC) and Section 25 of the Arms Act, 1959 (hereafter 'the Arms Act'). The appellant also impugns the order on sentence dated 30.11.2019, whereby the appellant was sentenced to seven years of rigorous imprisonment along with a fine of Rs. 1,000/- and in default of payment of fine to undergo imprisonment for a further period of one week for the offences punishable under Sections 392 and 397 of the IPC. In addition, he was sentenced to three years of simple imprisonment for committing the offence under Section 25 of the Arms Act along with a fine of Rs. 1,000/- and in default of payment of fine to undergo further imprisonment for one week. Both sentences were directed to run concurrently.

(2.) The appellant was prosecuted pursuant to registration of the FIR (FIR bearing no. 364/2015 under Sections 398/397/411 of the IPC and Section 25 of the Arms Act) registered with PS Ranjit Nagar. The said FIR was registered on 18.06.2015 on the basis of the statement made by a young man named Gyaneshwar (complainant). He was aged about nineteen years.

(3.) The complainant stated that four months ago, he had fever and was diagnosed as suffering from tuberculosis. He was being treated for the same. He stated that his doctor had advised him to go for early morning walks at about 05:00-06:00 am. He stated that pursuant to the said advice, he used to take a daily walk at 05:00 am every day in Satya Park, which is located about 400 to 500 meters away from his residence. He stated that on that date (that is, on 18.06.2015), he had gone to Satya Park at about 05:00 am and after taking one round of the park, he sat down on the ground underneath a tree. He was approached by a boy (the accused) who enquired from him as to what he was doing there. He responded by telling him that he just sitting down and not doing anything. At that point, he had his phone in his hand and was listening to music on the same. He stated that that boy asked him for his mobile and attempted to snatch it away from him. He stated that he pushed that boy, who fell down. Thereafter, the accused got up and took out a small knife from the pocket of his jeans. He opened the said knife by pressing a button and thereafter, attacked him and took his mobile away. He alleged that the accused pushed him and left the spot. He further stated that he followed the accused and when he was near the main gate, he saw two police officials. He rushed towards them and told them about the incident. At that time, the accused had only gone a short distance away. The said police officials ran and apprehended the accused. They searched him and recovered the phone (Micromax A-106, black and white colour, with IME No.911401151902382 and 911401152402887) with the SIM of Aircel bearing no.9716143289. On enquiries, the accused disclosed his name as Kailash @ Balli and he stated that he was a resident of K-139, Kathputli Colony.