MUSTAQ Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The appellant- Mustaq challenges judgment dated 16.07.2011 of learned Additional Sessions Judge in Sessions Case No. 27/2010 arising out of FIR No. 602/2009 PS Mehrauli by which he was held guilty for committing offences punishable under Sections 392/397/34 IPC. By an order dated 21.07.2011, he was sentenced to undergo RI for three years under Section 392/34 IPC and RI for seven years under Section 397 IPC with fine Rs. 2,000/-.

(2.) Allegations against the appellant were that on 07.11.2009 at about 03.00 A.M. at House No. 39, Rajpur Khurd Extension, he and his associates (not arrested) committed lurking house tress-pass and robbed inmates of the house of various articles including cash, mobile and flower pots etc. They were armed with weapons and gave beatings to the inmates.

(3.) During the course of arguments, on instructions, appellant's counsel stated at bar that the appellant has opted not to challenge conviction under Section 392 IPC. She argued that Section 397 IPC was not attracted as the prosecution could not establish beyond doubt that any 'deadly' weapon was used by the appellant while committing robbery.