IMRAN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The appellant- Imran impugns judgment dated 10.02.2011 and order on sentence dated 19.02.2011 in Sessions Case No.19/2010 arising out of FIR No. 580/2004 PS Sarai Rohilla by which he was convicted for committing offences punishable under Sections 395/397 IPC and sentenced to undergo RI for seven years with total fine Rs. 2,000/-.

(2.) Daily Diary (DD) No.20A (Ex.PW-4/A) was recorded at PS Sarai Rohilla on 22.10.2004 at 19.32 hours, on getting information of dacoity at house No.A-175, Shashtri Nagar, Delhi. The investigation was assigned to SI Rajender Singh Khatri who with Const.Devender Kumar reached the spot. Complainant-Kamlesh disclosed in her statement (Ex.PW-2/A) that at 06.30 P.M. when she was present at first floor, four assailants came inside the house. They tied her hands with a saree. The assailants were armed with desi kattas and knife. They robbed Rs. 2.5 lacs from the wooden almirah. They also snatched her gold bangles, rings and Tulsi Mala. SI Rajender Singh Khatri lodged First Information Report. The investigation was taken over by SI Arvind Pratap Singh on 07.11.2004. Efforts were made to find out the assailants but in vain.

(3.) On 23.11.2004, on the basis of secret information, Imran and Shamshad were arrested and from their possession one country-made katta and two cartridges, each were recovered for which separate cases under the Arms Act were registered. In their disclosure statements they revealed the names of their associates i.e. Shaqueel @ Mulla, Rashid and Bhuran. It is alleged that Shamshad recovered Rs. 7,000/- from house No.A-23, Shashtri Nagar. Pursuant to disclosure statement of Imran, Rs. 10,000/- were recovered from the shop of Shamshad. Shaqueel recovered Rs. 58,000/- from an almirah in his house. Shaqueel did not participate in Test Identification Parade. Statements of the witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was submitted. Accused Shamshad, Imran and Shaqueel were charged and brought to trial. Accused Bhuran and Rashid were declared Proclaimed Offierders. The prosecution examined twelve witnesses. On appreciating the evidence and considering the rival contentions of the parties, the Trial Court by the impugned judgment convicted Imran, Shaqueel and Shamshad for committing offences punishable under Sections 395/397 IPC and sentenced them. Being aggrieved, the appellant Imran has preferred the appeal.