VARUN KUMAR @ RAHUL Vs. STATE

JUDGEMENT

(1.) THE appellant Varun Kumar is aggrieved by the order dated 30.11.2011 vide which the learned ASJ has convicted him for committing the offence punishable under Section 365/398/34 IPC. THE appellant was sentenced under Section 365/34 IPC to undergo RI for three years with fine of Rs.500/- and also under Section 398/34 IPC to undergo RI for seven years with fine of Rs.1000/- and both the sentences were ordered to be run concurrently.

(2.) IN brief, the case of the prosecution as made out from the complaint Ex.PW3/A is that the complainant Mohd.Irshad, aged about 25 years was a rickshaw puller who was living on rent alongwith some other persons in house No.14/36, Gali No.1 in front of Arvind Rickshaw Garage, Arya Nagar. He is native of Distt. Madhey Pura, Bihar. On 05.09.2009, after having dinner at Dhaba in Jagat Puri, he was returning home and when he was walking on the pavement of drain (nala) side across Parwana Road, at about 10.00 or 10.15 pm, one motorcycle No.DL-13S-A-2134 stopped near him and two boys, whose names were subsequently revealed as Varun Kumar and 'R' (name withheld being juvenile), showed him a knife and made him to sit on the motorcycle. While Varun Kumar was driving the motorcycle, 'R' was sitting behind him with a knife on his back and they took him to Manglam Marg, AGCR colony. They stopped in front of the house next to Manglam Hospital and after getting down from the motorcycle, they started beating him with belt. Varun also took knife from 'R' and showed the same to him and thereafter 'R' also started beating him with belt and asked him to handover whatever he had or otherwise he would be killed. When Varun tried to put his hand in his pocket, the complainant also put his hand on his pocket and in the meantime, police arrived and saved him. He prayed for legal action against the offenders.

(3.) ON behalf of the appellant, it has been submitted that the entire testimony of prosecution witnesses has to be discarded for the reason that material contradictions have appeared on record which are sufficient to disbelieve them. It has been submitted that the manner in which PW-2 Mr.Sheel Sharma has behaved, that itself gives rise to the suspicion that he is a planted witness. Not only that, the complainant has also deposed in an unnatural manner. The MLC of the complainant revealed that there was no fresh injury at the time of his medical examination, so the testimony of the complainant that he was given beating with belts and attempt to rob him at knife point, has to be rejected in view of the fact that as per the police witnesses, a knife was recovered from the hand of Varun whereas the statement of the complainant PW-3 Mohd. Irshad is that knife was thrown and later on searched by the police officials and recovered. It has been further submitted that about the place of occurrence also there are material contradictions as to whether attempt to rob him was made near drain (nala) or near Manglam Hospital and apart from that while PW-2 has referred to presence of other police officials also near Bus Stand, Jagat Puri when the local police has arrived, no such police official has been examined or cited as a witness by the prosecution. The manner in which the entire story has been concocted makes it unbelievable and appellant is entitled to be acquitted.