MOHD SAKEEL Vs. STATE (GOVT OF NCT) DELHI

JUDGEMENT

(1.) Mohd. Sakeel (the appellant) questions the legality and correctness of a judgment dated 31.03.2012 in Sessions Case No.137/11 arising out of FIR No.267/08 registered at Police Station Dabri by which he was convicted for committing offences under Sections 395/412 IPC. By an order on sentence dated 09.04.2012 he was awarded rigorous imprisonment for ten years with fine Rs. 25,000/- each under Section 395 and 412 IPC. Both the sentences were to operate concurrently.

(2.) Allegations against the appellant were that on 12.05.2008 at about 11.45 A.M. at house No.RZ-B-2, Raghu Nagar, Pankha Road, Dabri, he and his associates committed decoity and deprived the complainant Smt.Seema Sharma and her family members of cash and gold/silver ornaments using deadly weapons. Daily Diary (DD) No.22 (Ex.PW-6/A) was recorded at 01.05 P.M. at Police Station Dabri regarding the incident. The investigation was assigned to SI Narender Singh who with Const.Amar Singh went to the spot. After recording complainant-Seema Sharma's statement (Ex.PW-1/A) he lodged First Information Report. Efforts were made to find out the culprits but in vain. On 31.08.2008 SI Narender Singh received DD No.111-B (Ex.PW5/A) dated 30.08.2008, which was recorded pursuant to the information received from SOS/Crime Branch, Sunlight Colony, New Delhi informing that one of the offenders namely Rajan Saha was arrested under Section 41.1(d) of Cr.P.C. and would be produced before Duty M.M. next day i.e.31.08.08. It was further informed that Rajan Saha had made a disclosure statement regarding his involvement in the decoity in question. Accordingly Rajan Saha was arrested on 31.08.2008. When he declined to participate in the TIP proceedings, he was taken on remand. TSR mini door for Rs. 2,10,000/- and Hunk motorcycle for Rs. 59,000/- purchased out of the booty in the name of his brother-in-law Manoj was recovered pursuant to his disclosure statement. The looted mobile phone bearing IMEI No.359945000295694 of make-Fly with sim No.9910211900 was also recovered from him. He disclosed the names of the associates and it led to the apprehension of Mohd. Sakeel (the appellant), Mohd.Vakil, Zaved @ Mukesh and Guddu. They were also arrested and recoveries were effected at their instance. During the course of investigation, statement of witnesses conversant with the facts were recorded and after completion of investigation a charge-sheet was submitted against all of them for committing offences under Sections 395/397/412 IPC and 25/27 Arms Act. Vide order dated 07.08.2009, the appellant and his associates were charged under Sections 395/412/397/34 IPC. The prosecution examined 21 witnesses to prove the charges. In 313 statements, the accused persons denied their involvement in the crime and pleaded false implication. Rajan Saha examined his brother-in-law Manoj Kumar as DW-1 in defence. On appreciating the evidence and after considering the rival contentions of the parties, the Trial Court, by the impugned judgment convicted all of them under Section 395/34 IPC. The appellant, Aziz, Rajan Saha and Vakil were also convicted under 412 IPC. They were, however, acquitted under Section 397 IPC and the State did not challenge the said acquittal. It is unclear if other convicts Mohd.Jahangir Khan and Mohd. Aziz have challenged their conviction.

(3.) It is relevant to note that convict Rajan Saha preferred Crl.A.No. 673/2012 which was disposed of by this Court on 23.01.2014. While maintaining conviction under Sections 395/412 IPC recorded by the Trial Court, Sentence order qua Rajan Saha was modified and the substantive sentence awarded for ten years was reduced to seven years. The default sentence for non-payment of Rs. 25,000/- each under Section 395 and 412 IPC was reduced to three months each.