NANHE Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 25th March 2008 passed by the learned Additional Sessions' Judge ("ASJ"), Karkardooma Courts, Delhi in Sessions Case No. 285 of 2006 convicting the Appellant for the offences under Sections 392 and 397 IPC. The appeal is also directed against the impugned order on sentence dated 29th March 2008 whereby the Appellant was sentenced to undergo rigorous imprisonment ("RI") for three years and to pay a fine of Rs. 2,000 for the offence punishable under Section 392 IPC and in default of fine, to undergo RI for six months. He was also sentenced to undergo RI for a period of seven years for the offence punishable under Section 397 IPC. Both the sentences were directed to run concurrently. This Court had by its order dated 31st March 2009 suspended the sentence awarded to the Appellant during the pendency of the appeal.

(2.) The case of the prosecution was that on 5th May 2003 at about 2-pm the Complainant Virender Kumar Jain, PW-2 was present in his factory along with Ashok Kumar Jain, PW-1. PW-2 had sent his servant to bring tea for them. In the meantime, the Appellant along with two associates entered the factory premises armed with a country made pistol and knives. The Appellant and the two associates had, at knife point, peeled of the gold chain of PW-2 from his neck, besides a sum of Rs. 2,500 from his pocket and also robbed a sum of Rs. 16,000 from the possession of PW-1.

(3.) The Appellant was arrested on 12th May 2003 in the present case when he had appeared before the Magistrate pursuant to the production warrants issued in another FIR No. 229 of 2003. Learned counsel for the Appellant informs the Court that in the case arising out of the said FIR the Appellant has been acquitted.