MOHAMMED EHSAN Vs. STATE OF DELHI

JUDGEMENT

(1.) ON 8.10.2008, at about 10:40 p.m, Police Control Room was informed through mobile No.9211389388 that 5 -6 boys had robbed the informant of his mobile phone and Rs.1,000/ - in cash near India Gate Park, after putting a knife on his neck. The information, when conveyed to Police Station Tilak Marg, was recorded vide DD No.31A, a copy of which was given to S.I. Mukhtar Singh for investigation. The Investigation Officer, reached the spot where the complainant Rakesh Kumar was present. He alleged that on that day at about 10:30 p.m., when he was returning home after taking a walk at India Gate, four (4) young boys all of a sudden came in front of him in the Inner Circle, opposite K.G. Marg and obstructed his way. One of them caught hold of him from behind, whereas the other took out a knife and put it on his neck, simultaneously asking him to take out whatever he had and threatening to kill him in case he did not comply. The remaining two (2) boys caught both his hands and one of them took out one (1) mobile phone and Rs.1,000/ - in cash from his pocket besides one challan slip issued by MCD. The boys then fled from the spot after threatening to kill the complainant in case he raised alarm. However, one of the boys who had fled towards Shahjahan Road was caught by the Beat Constable when alarm was raised by the complainant. On search of the aforesaid boy one knife was recovered from his pocket. The name of the boys, who was caught on the spot was later found to be Mohd. Ehsan son of Mohd. Yusuf.

(2.) THIS also the case of the prosecution that on being pointed out by Mohd. Ehsan, his three (3) associates, namely, Mohd. Anwar, Mohd. Jabir and Shahnawaz, were arrested and Rs.1,000/ - in cash besides black purse of the complainant were recovered from Shahnawaz.

(3.) VIDE impugned judgement dated 24.4.2010, all the accused were convicted under Section 392/34 of IPC whereas the appellant Mohd. Ehsan was also convicted under Section 392 read with Section 397 of the Penal Code. Vide impugned Order on Sentence dated 14.7.2010, three (3) convicts namely Mohd. Anwar, Mohd. Jabir and Shahnawaz were given the benefit of probation whereas the appellant Mohd. Ehsan was sentenced to undergo RI for seven (7) years and pay fine of Rs.1,000/ - or to undergo SI for one (1) month in default under Section 392 of IPC read with Section 397 thereof. However, he was not convicted under Section 25 of the Arms Act.