ARIF Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) Aggrieved by the judgment dated 21st October, 2011 and order on sentence dated 22nd October, 2011, whereby appellant has been convicted under Sections 394/34 as well as Section 397 of the Indian Penal Code, 1860 (IPC) and sentenced to rigorous imprisonment for seven years and pay fine of Rs. 5,000/- each for both the offences, appellant has preferred this appeal.

(2.) Factual matrix as unfolded is that on 5th January, 2010 at about 8:00 PM, an information was received in the Police Station Krishna Nagar, Delhi from one Shri Ram Singh that on the main road of Vishwas Nagar, two persons had committed robbery at the point of knife, pursuant whereof DD ( No. 23-A (Ex. PW2/C) was recorded and handed over to Sub Inspector Kanta Prasad for investigation, who reached the spot along with Constable Prembir Singh Bhati and came to know that victim had already been removed to Dr. Hedgewar Hospital. Sub Inspector Kanta Prasad reached the said hospital after leaving Constable Prembir Singh Bhati at the spot and obtained MLC of the victim Shri Narender Kumar and recorded his statement, wherein victim stated that he was an auto-rickshaw driver and he parked his auto-rickshaw bearing no. DL-1RE-6236 in front of Sri Ram Hospital, Karkardooma for answering the call of nature. At about 8 PM, appellant Arif and Rahish @ Chotu (whose names were disclosed after arrest of appellant) came there and started scuffling with him in order to rob him; when he resisted their this act, they caused injuries on his hand by the knife and snatched Rs. 14,400/- along with two identity cards of his children. They hit him on his head by a bottle and fled away. Victim stated that he can identify the said boys, if brought before him.

(3.) Sub Inspector Kanta Prasad wrote rukka Ex. PW8/A, pursuant whereof FIR No. 4/2010 (Ex. PW4/A) under Sections 394/34 IPC was registered. MLC Ex. PW1/A of victim was obtained. Doctor opined the injuries of victim as simple caused by the sharp object. On 6th May, 2010,( appellant was arrested in FIR No. 104/2010 under Sections 324/34 IPC read with Sections 25/27 of the Arms Act by the police officials of Police Station Krishna Nagar. In the said case, appellant appears to had made a disclosure statement regarding his involvement in the present FIR. He further disclosed that Rahish @ Chotu was his accomplice. Accordingly, appellant was arrested in the present FIR as well. Rahish @ Chotu could not be apprehended. Nothing was recovered in this case from the appellant's alleged disclosure statement. Knife was not recovered. Test Identification Parade (TIP) of the appellant was conducted on 17th May, 2010 but he refused to participate in the TIP, on the pretext that he was already shown to the victim.