LADOO Vs. STATE

JUDGEMENT

(1.) Rajesh Kumar aged about 19 years, his brother Sudhir Kumar aged about 16 years and Mahender Kumar aged about 15 years, all residents of a house near clock tower Subzi, Mandi Delhi, were returning at about 11.00 p.m. on 5-10-1981 to their house after seeing Ramlila at Rana Pratap Bagh, Delhi. They, however were waylaid by four persons who made them to accompany them to a nearby school by threatening them with a knife and lathis. There Rajesh Kumar and Sudhir Kumar were robbed of their clothes which they were wearing except the underwears, and also Rs. 6u.00 and Rs. 11.00 respectively which they possessed, Mahender Kumar was similarly deprived of Rs. 7.00 and a wrist watch, which, he possessed. He was required to hand over his clothes as well, but when he resisted, he was given beating. On alarm bering raised by them, the assailants fled. Ladoo amongst them, was apprehended at some distance. The others were arrested on different dates subsequently. One of them, namely. Ram Kumar on interrogation made a disclosure Statement and as a result got the clothes so robbed of Rajesh Kumar and Sudhir Kumar recovered from an unused water tank on the roof of a house in Sangam Park. These three accused who had been later apprehended, declined to take part in identification parade.

(2.) With these allegations, prosecution was launched against all the four accused persons and they were tried by Sh. R.C. Jain, Additional Sessions Judge. However, Ladoo alone was convicted under Section 394 Indian Penal Code and sentenced to undergo rigorous imprisonment for five years. The other three accused were acquitted after observing that the appeared to have been shown to witnesses before the identification parade, and so far as Ram Kumar, the recovery could not be given much credence as the water tank was not shown to be in his exclusive possession.

(3.) It is as such that Ladoo feeling aggrieved has now moved the present appeal before the Court.