RAJESH @ KARAMBIR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) BY the present appeal the Appellant challenges the judgment dated 26th May, 2012 convicting him for offences punishable under Sections 392/34 IPC and Section 411 IPC and the order on sentence dated 31 st May, 2012 whereby he was directed to undergo rigorous imprisonment for a period of five years and a fine of Rs. 1000/- and in default of payment of fine to undergo simple imprisonment for six months for offence punishable under Sections 392/34 IPC and rigorous imprisonment for a period of two years and a fine of Rs. 2000/- and in default of payment of fine to undergo simple imprisonment for three years for offence punishable under Section 411 IPC.

(2.) LEARNED counsel for the Appellant contends that the Appellant was arrested in another case and on the basis of disclosure statement, he has been falsely implicated in this case. No recovery has been effected from the Appellant. Further the statement of the complainant and the co-passenger is not corroborated by any public witness. Hence the Appellant be acquitted of the charges framed, or in the alternative, the Appellant who has undergone 4 years 3 months imprisonment and only 9 months imprisonment remains be released on the period already undergone.

(3.) I have heard learned counsel for the parties. FIR No. 548/2007 under Section 392/397/411/34 IPC and 25 Arms Act was registered against the Appellant on the complaint of Sanjay Chadha. PW3 the complainant in his statement before the Court stated that on 16 th October, 2007 he along with his friend Surender Singh had gone to the factory premises of his brother at DSIDC complex Bawana in a car when the complainant was driving the car and Surender Singh was sitting beside him. After he came out of the factory of his brother, they reached near the crossing and three persons came on a red colour motorcycle from the wrong side and stopped the same in front of their car. As the complainant stopped his car, one person got down from the said motorcycle and asked for the way. The complainant rolled down his window, the second person also reached there and switched off his car and the third person sat on the back seat of his car. The first person asked his friend Surender Singh to occupy the back seat and the complainant was asked to shift from the seat of the driver. The second person who switched off the car sat on the driver seat and told the person sitting on the back side "katta daag de". The person sitting on the back put a "katta" on his temple and the person sitting on the driver seat told them to handover the cash and other belongings. The complainant had one mobile phone and his friend Surender had two mobile phones. Cash around 10,000- 15,000/- with the complainant and some more cash with his friend Surender along with the laptop in the dikky were handed over to them. Thereafter they were instructed to get down from the car and they drove away with the car. Their companion ran away from the spot on the red colour motorcycle.