RAMDHANI Vs. STATE, NCT GOVT OF DELHI

JUDGEMENT

(1.) The appellant- Ramdhani challenges judgment dated 18.12.2004 and order on sentence dated 03.01.2005 in Sessions Case No.89/2001 arising out of FIR No.281/2001 PS Shalimar Bagh by which he was convicted for committing offence punishable under Section 397 IPC and sentenced to undergo RI for seven years with fine Rs. 1,000/-. He was further convicted under Section 25/27 Arms Act and sentenced to undergo RI for two years with fine Rs. 500/-.

(2.) Allegations against the accused were that on 05.05.2001 at 09.20 A.M. at Tikona Park, Pitam Pura, he and his associates- Mahender, Santosh Kumar Aggarwal @ Bhaiya and Pappu robbed complainant-Khairatilal of his scooter bearing No. DL 1SK 2623 containing Rs. 60,000/-. The assailants were armed with weapons. The prosecution examined eleven witnesses to substantiate the charge. In his 313 statement, the accused pleaded false implication. On appreciation of the evidence and considering the rival contentions of the parties, the Trial Court, by the impugned judgment convicted Ramdhani and Mahender under Section 397 IPC. However, Santosh Kumar Aggarwal and Pappu were acquitted of all the charges. Being aggrieved Ramdhani has preferred the appeal.

(3.) During the course of arguments, learned counsel for the appellant on instructions from the appellant- Ramdhani stated that the appellant has opted not to challenge the conviction under Section 397 IPC and under Section 25/27 Arms Act. He however, prayed for modification of the order on sentence as the appellant has already undergone sentence for about more than 3 years.