ROBIN SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and order of sentence dated 15.05.2006 and 17.05.2006 respectively wherein the appellant stood convicted under Section 392 read with Section 397 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC") as also for the offence under Section 365 of the IPC. He had been sentenced to undergo RI for a period of seven years for the offence under Section 397/392 of the IPC has also to pay a fine of Rs. 200/ - and in default of payment of fine to undergo SI for one month. For the offence under Section 365 of the IPC, he had been sentenced to undergo RI for a period of one year and to pay a fine of Rs. 100/ - and in default of payment of fine to undergo SI for 15 days. Nominal roll of the appellant reflects that as on date when he had been granted bail, he has suffered incarceration of 3 - 1/2 months.

(2.) RECORD shows that on 23.08.2003 at about 01:45 pm, the complainant Jalaj Narang (PW -1) studying in 12th class, Ludlow Castle School was waiting for his bus outside his school, when one boy came from the side of the trauma center and took him to the other side and threatened to stab him with a knife if he did not follow. Then he called a motor -cycle rider who was standing at a distance. The accused put a knife on the neck of PW -1 and asked the motor -cycle rider to take PW -1 and the accused to another location to the side of Nehru Ridge. At first, PW -1 refused to sit on the motor -cycle; he was threatened with a knife and sat on the motor -cycle along with the rider of the motor -cycle as also the appellant. They moved ahead. Upon reaching near the park, the motor -cycle rider at the instance of the accused was asked to stop the motorcycle and wait, while he took the complainant to the bushes on one side of the park. PW -1 along with the motor -cycle rider were compelled to go inside the park. This was on the point of a knife. The motor -cycle rider was coerced by the accused to remove the purse of PW -1. PW -1 had Rs. 400/ - and his Identity card in his purse. The accused thereafter coerced the motor -cycle rider to drop PW -1 from the same place from where he had picked him up and threatened him that in case he did not do so, his motor -cycle would get impounded. PW -1 sat on the motor -cycle and went for 4 -6 steps when he saw one policeman on a motor -cycle. He stopped him and told the incident. That police person H.C. Suraj Mal (PW -5) accompanied PW -1 to search the accused who was located at a distance of half kilometer. He was identified by PW -1, apprehended and arrested. Purse containing Rs. 400/ - was recovered from him as also a knife which was also taken into possession vide separate memos.

(3.) PW -1 was the star witness of the prosecution. He had deposed on the same lines as the details mentioned in the rukka. He however refused to identify the accused present in Court stating that he was not the person who had attacked him. In another part of his cross -examination (by the learned public prosecutor), he had stated that the accused was not the person who had been arrested on his identification. He denied the suggestion that he is trying to save the accused. In another part of his cross -examination, he exhibited the purse (Ex.P -3) which had been brought by him in Court. This witness was not cross -examined as he was hostile with respect to the identity of the accused.