SANJAY KUMAR Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 18.05.2011 and order on sentence dated 24.05.2011 arising out of Sessions Case No. 1202/10 whereby the appellant was convicted for offence u/s. 392/397 IPC and was sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs.2000/ -, in default to undergo simple imprisonment for a period of 15 days.

(2.) SUM and substance of the prosecution case is that on 18.11.2009, Saurabh Aggarwal (PW3) was travelling in bus route No. 182 which he boarded from Keshavpuram metro station and was going towards Pitampura. When the bus reached Subhash Nagar, he noticed that his blackberry mobile phone which he had purchased on 16.11.2009 i.e. just two days before the incident was missing. He noticed that 2 -3 boys were standing very near to him and he got suspicious and raised alarm and tried to search the boy who was standing near him. Three other boys were standing next to him and when he raised alarm, two of them took out knives. One of them put the knife on his neck while the other at his back and then they removed his spectacles and purse containing Rs.2,000 and I - card. They also declared that his mobile phone is with them and it is their regular business. When the bus stopped at SD Block bus stand, the boys got down and went away. He also got down at Kohat Enclave Metro station bus stand and after requesting a passerby to lend his mobile phone, made a call to his father, who reached Kohat Enclave metro station bus stand. Thereafter, he along with his father went to the police station and lodged his complaint Ex. PW 3/A which became bed rock of investigation.

(3.) IN order to bring home the guilt of the accused persons, prosecution, in all examined nine witnesses. The case of accused was one of denial simpliciter. According to him, he was lifted from his house and falsely implicated in this case. After meticulously examining the evidence led by the prosecution, vide impugned judgment, the learned Additional Sessions Judge convicted all the three accused and sentenced them separately.