CHANDAN @ BABAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) CHANDAN @ Babar impugns conviction in Sessions Case No.39/2008 arising out of FIR No.64/2008 registered at Police Station Bara Hindu Rao by which he was held guilty for committing offences punishable under Section 120 -B/392/397 IPC and sentenced to undergo RI for seven years.

(2.) BRIEFLY stated, the prosecution case as projected in the charge -sheet was that on 13.06.2008 at about 05.00 A.M. opposite shop No.T -736, Tyre Market, Azad Market, DCM Road in pursuance of criminal conspiracy, Chandan @ Babar and his associates - Mukesh @ Mukka, Karan Singh @ Deva and Mohd.Wasim robbed Rs.2,500/ -, visiting cards and mobile phone no.9212421161 from the complainant - Manoj Kumar. They also robbed Rs.3,500/ -, railway tickets from Deepak Sharma (PW -1). They were armed with knives at the time of committing robbery and used deadly weapons to deprive the complainant - Manoj Kumar and Deepak of their valuable articles. During the course of investigation, statements of witnesses conversant with facts were recorded. The accused persons were arrested. The Investigating Officer moved applications for conducting Test Identification Parade. The accused declined to participate in the TIP. Robbed articles were recovered at the instance of the accused. After completion of investigation a charge -sheet was submitted against them in the Court. They were duly charged and brought to trial. Theprosecution examined 26 witnesses. In their statement under Section 313 Cr.P.C. the accused pleaded false implication. On appreciating the evidence and considering the rival submissions of the parties, the Trial court, by the impugned judgment convicted the appellant - Chandan @ Babar and his associates Mukesh @ Mukka and Karan Singh @ Deva. Mohd. Wasim was acquitted of all the charges. Being aggrieved, the appellant has preferred the appeal.

(3.) I have considered the submissions of the parties and have examined the record. It is pertinent to note that co -convict Karan Singh @ Deva had preferred Crl.A.No. 411/2011 which was disposed of vide order dated 07.03.2013 by this Court. Conviction of the appellant - Karan Singh @ Deva under Sections 392/120 -B IPC was sustained. Sentence order was modified and substantive sentence was reduced to five years. Other sentences were left undisturbed. The appellant 's case stands on similar footings. The reasons for conviction in the said appeal are equally and fully applicable in the present appeal. At the outset, it may be mentioned that the learned counsel for the appellant did not challenge the incident of robbery. His only plea is that appellant was not one of the perpetrators of the crime. PW -1 (Deepak Sharma) and PW -4 (Manoj Kumar) had no animosity to implicate the accused in the incident of robbery in which they were deprived of valuable articles including cash when they were travelling in TSR No.DL 1 RE 9747 from Old Delhi Railway Station to Anand Parbat. Police machinery came to motion when DD No.8/B (Ex.PW15/A) was recorded at Police Station Bara Hindu Rao at 05.27 hours on getting information that three boys travelling in TSR No.DL 1RF 1454 committed robbery of cash and valuable articles. In his statement (Ex.PW -4/A) the complainant - Manoj Kumar gave vivid description of the occurrence. He also disclosed broad features of the assailants. The complainant had no acquaintance with the assailants to falsely rope them in the incident. First Information Report was lodged at 06.30 A.M. vide rukka (Ex.PW23/A). There was no delay in lodging the First Information Report and it ruled out the possibility of any false fabrication.