MOHD ARIF Vs. STATE

JUDGEMENT

(1.) APPELLANT Mohd. Arif has preferred this appeal impugning the judgment dated 21.11.2008 and order on sentence dated 04.12.2008 vide which he alongwith his co-accused Samyuddin @ Danish was convicted for having committed the offence punishable under Section 392/397/34 IPC and sentenced to undergo RI for seven years with fine of Rs.5000/-.

(2.) IN brief, the prosecution case is that on 10.05.2001, the appellant Mohd.Arif alongwith Mohd. Nazim, Irshad @ Pappu, Samyuddin @ Danish and other associates entered the house of the complainant Devender Kaur situated at 62/1, West Punjabi Bagh, Delhi. A robbery was committed by them and at that time, they were armed with knives and countrymade pistol. After committing robbery of gold jewellery, T.V. and two-in-one, they managed to flee after threatening the inmates of the house. Police was informed and on the statement Ex.PW2/A made by Devender Kaur, FIR No.349/01 was registered at PS Punjabi Bagh.

(3.) ON behalf of appellant Mohd. Arif, it has been submitted that the evidence adduced against Mohd. Arif for proving his guilt for committing the offence punishable under Section 397 IPC is wholly insufficient. Neither there is recovery of any weapon from him nor the material prosecution witnesses PW-3 Taranjeet Kaur and PW-4 Ritu i.e. inmates of the house have indentified Mohd. Arif to be the person who was either holding any weapon or used the same within the meaning of Section 397 IPC at the time of commission of robbery.