IMRAN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) APPELLANT has been convicted under Sections 394/452/341 IPC by the Trial Court; sentenced to undergo rigorous imprisonment for two years with fine of '10,000/- and in default of payment of fine to undergo simple imprisonment for six months under Section 452 IPC; sentenced to undergo rigorous imprisonment for seven years with fine of '20,000/- and in default of payment of fine to undergo simple imprisonment for one year under Section 394 IPC. Both the sentences have been directed to run concurrently. Benefit of Section 482 Cr.P.C. has also been given to the appellant. It has been further ordered that sentences awarded in this case shall run consecutively, that is, after the expiry of sentences awarded to the appellant by the Additional Sessions Judge, Delhi vide order dated 10th April, 2007 in a case arising out of FIR No. 361/2002 under Sections 392/394/397/34 IPC registered at Police Station Bhajan Pura.

(2.) THAT is how petitioner is before this Court by way of present appeal. He has challenged his conviction as well as the sentences as awarded to him by the Trial Court.

(3.) TRIAL Court found the testimony of complainant Aisha trustworthy, reliable and credible enough to conclude beyond shadow of reasonable doubt that it is the appellant, who along with his two accomplices, had entered in her house and robbed Rs.30,000/- and jewelry on 9th October, 2003 at about 11 am. TRIAL Court has also returned a definite finding that identity of the appellant had been duly established since he was identified by PW1 in the court as the same person who had entered in her house along with two other persons and had committed robbery. Plea of the appellant that this identification was of no consequence since his photograph had been shown during the investigation to the complainant has been rejected.