ANIL Vs. STATE, NCT GOVT. OF DELHI

JUDGEMENT

(1.) THE present appeal is directed to challenge the legality and correctness of a judgment dated 07.09.2011 of learned Addl. Sessions Judge in Sessions Case No. 47/2010 arising out of FIR No. 170/2010 PS Ranjit Nagar by which he was held guilty under Sections 392/397 IPC and 25/27 Arms Act. By an order dated 26.09.2011, he was sentenced to undergo RI for seven years with fine Rs. 1,000/ - under Sections 392/397 IPC; RI for three years with fine Rs. 250/ - each under Sections 25/27 Arms Act.

(2.) BRIEFLY stated, the prosecution case as reflected in the charge - sheet was that on 01.09.2010 at about 08.10 P.M. near Gopal Dairy, Pandav Nagar, the appellant robbed complainant ­ Mohd. Naushad of his wallet containing Rs. 2,700/ - and I -card of his wife at knife point. The appellant was apprehended at the spot and the robbed articles were recovered from his possession. The Investigating Officer lodged First Information Report after recording complainant ­ Mohd. Naushad's statement (Ex.PW -1/A). Statements of the witnesses conversant with the facts were recorded. After completion of the investigation, a charge -sheet was submitted against the appellant; he was duly charged and brought to trial. The prosecution examined five witnesses to establish his guilt. In 313 statement, he denied complicity in the crime and pleaded false implication. The trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, the appellant has preferred the appeal.

(3.) IN the light of above discussion, appeal filed by the appellant is dismissed as unmerited. Pending application also stands disposed of. Trial Court record be sent back immediately with the copy of the order. A copy of the order be sent to the Superintendent Jail for information.