RAHUL @ SHIV Vs. STATE

JUDGEMENT

(1.) By way of the present appeal, the appellants seek to assail the judgment of conviction dtd. 9/3/2018 and order on sentence dtd. 17/3/2018 passed by the learned Additional Sessions Judge-02, North District, Rohini Courts, Delhi in SC No. 58443/2015, arising out of FIR No. 817/2013 registered at P.S. Narela under Ss. 392/394/397/411/34 IPC. Vide the impugned order on sentence, the appellant was directed to undergo RI for a period of 7 years alongwith fine of Rs.3,000.00, in default whereof to undergo SI for 4 months, for the offences punishable under Ss. 392/397 IPC. He was further sentenced to undergo RI for a period of 4 years alongwith fine of Rs.2,000.00, in default to undergo SI for 3 months for the offence punishable under Sec. 394 IPC. Both sentences were ordered to run concurrently and benefit under Sec. 428 Cr.P.C was extended to the appellant.

(2.) Briefly, the prosecution's case is that on 9/11/2013, at about 6:30 p.m., PW-2/Sant Lal and his friend PW-6/Rahul Kumar were walking in a park near Metro Vihar, Holambi Kalan, when three persons, namely the appellant/Rahul @ Shiv and two juveniles, 'M' and 'S', intercepted them. 'S', armed with a danda, struck PW-6/Rahul Kumar, while the appellant placed a knife on the back of PW-2/Sant Lal, threatening to stab him if he moved. 'M' thereafter removed a KKT-21 mobile phone from Sant Lal and a Samsung DUOS mobile phone from Rahul Kumar. Upon alarm being raised, a police patrolling party reached the spot and, with the assistance of the complainant and his friend, apprehended the assailants. The robbed mobile phones were recovered from 'M', while the knife was seized from the possession of the appellant.

(3.) The prosecution examined nine witnesses in support of its case. PW2/Sant Lal and PW-6/Rahul Kumar, the complainant and injured eye-witness respectively, fully supported the prosecution version, identified the appellant in Court, and attributed to him the act of threatening PW-2 with a knife during the robbery. PW-1/HC Urmed Singh and PW-5/Ct. Deepak Kumar, members of the police patrolling team that reached the spot on hearing the alarm, deposed about the apprehension of the accused with the aid of the complainant party and the recovery of the knife and mobile phones in their presence. The seizure memos of the knife (Ex. PW-1/D) and mobile phones (Ex. PW-1/B) were duly proved. PW-7/Dr. Ayudhesh proved the MLC of PW-6 (Ex. PW-7/A), which recorded swelling and bruise on the left elbow, opined as simple in nature. PW-9/SI P.L. Meena, the Investigating Officer, deposed to the preparation of site plan (Ex. PW-1/L), arrest and personal search memos (Ex. PW-1/E and Ex. PW-1/F), and proved the seizure memos of the case property prepared during investigation.