ROZE ALI @ MURA Vs. STATE

JUDGEMENT

(1.) Roze Ali @ Mura impugns a judgment dated 17.02.2001 of learned Additional Sessions Judge in Sessions Case No. 12/1999 arising out of FIR No. 178/1996 registered at Police Station Kotwali by which he was held guilty for committing offence punishable under Section 392 IPC and 25 Arms Act. By an order dated 19.02.2001 he was sentenced to undergo Rigorous Imprisonment for 2 years with fine Rs. 8,000/- under Section 392 IPC and RI for 1 year with fine Rs. 2,000/- under Section 25 Arms Act. Both the sentences were to operate concurrently. Allegations against the appellant were that on 01.03.1996 at about 07.20 A.M. at lower Subhash Marg, near Red Fort Chowk he along with his associate (not arrested) robbed Rs. 2,860/-from complainant-Rakesh Kumar (PW-1) and used a deadly weapon i.e. knife for committing robbery. The complainant-Rakesh Kumar was present at Bus Stand, Red Fort at 07.00 A.M. He was robbed at the point of knife by the assailants who fled the spot after the incident. Rakesh Kumar chased them and was successful to apprehend one of the assailants i.e. Roze Ali. From his possession robbed cash of Rs. 360/- and a knife were recovered. The Investigating Officer lodged the First Information Report after recording Rakesh Kumar's statement (Ex. PW-1/C) under Section 392 /411 /34 IPC and 25 Arms Act. He recorded the statements of witnesses conversant with facts. Efforts were made to find out the whereabouts of the appellant's associate but in vain. After completion of investigation, a charge-sheet was filed against the appellant in the court. He was duly charged and brought to trial. The prosecution examined 9 witnesses to establish his guilt. In his 313 statement, the appellant pleaded false implication. DW-1 (Mohd. Kameez) appeared as defence evidence. On appreciating the evidence and after considering the rival contentions of the parties, the Trial Court by the impugned judgment held the appellant guilty for the offences mentioned previously.

(2.) Learned Senior Counsel for the appellant urged that the Trial Court did not appreciate the evidence in its true and proper perspective. It fell into grave error in not taking into consideration the statement of PW-9 (Pradeep Kumar) who did not support the prosecution and exonerated the appellant completely. The appellant who was facing trial in false criminal cases was a soft target for the police to be implicated in this case. Material discrepancies and contradictions in the testimony of prosecution witnesses were ignored for no valid reasons by the Trial court. The Learned Sr. Counsel adopted an alternative plea to release the appellant for the period already spent by him in custody. Learned Additional Public Prosecutor urged that the complainant-Rakesh Kumar had no ulterior motive to falsely implicate the appellant. There are no sound reasons to discard the cogent and reliable testimony which has remained unimpeached.

(3.) I have considered the submissions of the counsel for the parties and have examined the record. The incident took place at around 07.20 A.M. The appellant was apprehended at the spot after some chase by the complainant and public persons. The statement of the complainant was recorded and rukka (Ex. PW-7/B) was sent for registration of the FIR at 08.40 A.M. It reveals that there was no delay in lodging the FIR. In the complaint Rakesh Kumar gave detailed account as to how and under what circumstances the appellant and his associate robbed Rs. 2,860/- from his possession at the point of knife and how the appellant was apprehended after chase. While appearing as PW-1 in his Court statement, the complainant proved the version given to the police at the first instance without any variation. He deposed that when he was present at the Bus Stand at Lal Quila on 01.03.1996, at about 07.00 A.M. after getting down at Old Delhi Railway Station, he had kept his bag on the ground by his side. At that time, two individuals came there. Roze Ali caught hold of him from his jacket and said 'Jo kuch ho nikal do'. When he told Roze Ali that he had nothing with him, he took out Rs. 360/- from the right hand side pocket of his pant. On the instigation of his associate that he had more money, Roze Ali pointed out a knife on his stomach and his associate removed Rs. 2,500/- from inner small pocket of his pant. He was pushed by the assailants and fell down. He raised alarm and ran after the assailants. The persons standing at the Bus Stand assisted him. While they were chasing the assailants, the police came from the Police Booth and apprehended Roze Ali whereas his companion succeeded in escaping towards the Chandani Chowk. Rs. 360 and a knife were recovered from the possession of Roze Ali. He identified cash (Ex. P-1 to P-9) and knife (Ex. P-10) recovered from the appellant's possession. In the cross-examination, he elaborated that he had came from Shahzan Pur and had got down from the train at about 05.20 A.M. He was having Rs. 2,500/- consisting of currency notes of Rs. 100 and Rs. 50 denomination. Documents were prepared at the spot. He denied the suggestion that he did not intentionally ask the police to apprehend the companion of the accused who had taken away Rs. 2,500/-. Overall testimony of this witness reveals that he has fully supported the version given to the police. Despite cross-examination, no material discrepancy has emerged in his statement. The complainant had no prior acquaintance with the accused to falsely implicate him and to let the real culprit go scot free. The appellant was named in the FIR lodged promptly without any delay after the incident. The accused did not explain his presence at the spot without any apparent purpose. PW-2 (HC Gulab Singh) has corroborated PW-1's version and deposed about the apprehension of Roze Ali at about 07.20 A.M. when he was being chased by the complainant and others. He also proved the recovery of Rs. 360/- and a knife from his possession after his apprehension. PW-8 (VP. S. Rao) has deposed on similar lines. He had taken the rukka to the police station on the spot for registration of the FIR. PW-7 (ASI Raghubir Singh) is the Investigation Officer. He proved the proceedings conducted by him after the apprehension of the accused.