STATE NCT OF DELHI Vs. RAM RAJ

JUDGEMENT

(1.) THE State by this petition seeks leave to appeal against a judgment and order of the learned ASJ dated 12.01.2011, acquitting the respondents for the offences they were charged with, i.e. Sections 452/395/397/120-B.

(2.) THE prosecution story was that on 29.05.2003, a robbery was committed in the office of one Shyam Lal at No. 202, Gali Kinariwali, Naya Bans, Delhi. THE complainant Shyam Lal initially reported loss of ` 2 lakhs. He, however, recorded a supplementary statement, alleging that ` 1 crore had been looted. THE prosecution further alleged that Sarika, PW-1, who worked as Shyamlal's accountant, was the solitary eyewitness to the incident, which occurred around 12.30 pm when she was counting the cash. She stated that at that time someone knocked the door; upon her opening it, three persons armed with knife pushed her inside. She further claimed that she was pushed, gagged and tied with her dupatta to a chair. THE assailants, according to PW-1, shut the door and proceeded to loot the cash which was on the table and stuffed it in a "bori". It is also claimed that the attackers had disconnected the landline. In cross-examination, PW-1 admitted that she did not know the assailants or the accused earlier. She admitted having been shown the photographs of the suspects 2-3 days after the occurrence.

(3.) LEARNED APP emphasized that the Trial Court fell into error in not considering that ` 24,00,000/- was too large an amount to be "planted" and, therefore, ought to have been believed.