SHAHZAD KHAN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 24th July, 2008 in Sessions Case No. 109/2007, FIR No. 394/2003, under Sections 392/397/34 IPC and 27 of the Arms Act, P.S. Malviya Nagar and consequent order on sentence dated 25 th July, 2008 whereby the appellant Shahzad Khan has been convicted for the offences punishable under Sections 392 IPC as also Section 25 of the Arms Act and sentenced to undergo RI for 07 years, besides fine of Rs. 5000/- for the offence under Section 392 IPC and for the offence under Section 25 of the Arms Act, he has been sentenced to undergo RI for the period of one year, besides fine of '1000/-.

(2.) BRIEFLY stated, background facts for the disposal of this appeal are that the appellant Shahzad Khan, along with two others was sent for trial in case FIR No.394/2003 under Sections 392/397/34 IPC and Section 27 of the Arms Act on the allegations that on the night intervening 15/16th May, 2003, at around 11.30 p.m., the appellant and his co-accused persons hired the TSR of the complainant for going to Malviya Nagar. On the way, near Andhra School, they asked to stop the TSR. Thereafter, they robbed the complainant of '400/- and a polythene packet, which contained his driving licence, voter card and TSR documents. Thereafter, the appellant and his co-accused persons pushed him out of the TSR and fled away in the same TSR. However, Constable Radhey Ram and Constable Ram Niwas, who were coming from the side of Pushp Vihar on a motor cycle chased them and apprehended them. It is alleged, on search, a knife was recovered from the possession of the appellant.

(3.) THE appellant, in his statement, under Section 313 Cr.P.C. denied the prosecution story and claimed to be innocent.