PAWAN SONI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Being convicted and sentenced for the offence punishable under Ss. 392/394/397/34 IPC, the appellant has preferred the present appeal seeking setting aside of the judgment dtd. 6/6/2024 and the order on sentence dtd. 30/8/2024 passed by Ld. ASJ-03, South-East District, Saket Courts, Delhi. The appellant has been sentenced in the following manner: -

(2.) Facts as per case of the prosecution are that the complainant Dilip Kumar, along with ASI Kumher Singh from PS P. Prahlad Pur, arrived at P.S. Badarpur on 23/6/2019 at 3.10 A.M., as recorded in DD No. 17B. They handed over a written complaint (Ex.PW3/A), as per which, around 02:30 am on that night, the complainant, while waiting for some conveyance at Jaitpur Mor, Badarpur took lift from an Eeco Van which was claimed by the occupants to be going in the same direction. He took a seat in the front of the said van where the driver was seated to his right and another passenger to his left. There were two more persons sitting in the rear seats. After covering some distance, the driver and the person seated to his left asked him to empty his pockets. On refusal, the complainant was slapped by the boy sitting in the rear seat. The driver thereafter forcibly removed his mobile phone and wallet and the boy on his left removed cash from his left trouser pocket. They also removed the two gold rings he was wearing in his right hand at knifepoint. The driver and the person on his left were referring to each other as Pawan and Kailash, the one who was slapped was called Sunny and he did not know the name of the fourth one. He was then dropped by them near Kaya Maya Hospital, MB Road. He noted the number of the van as DL 1 LV 3478 and of white colour. His purse containing Rs.7,000.008,000 and some documents was robbed. After the incident, he went to his home and proceeded towards PS Pul Prahlad Pur on his motorcycle. On the way, he found a PCR Van and told them about the robbery and details of the Eeco Van. The said van was intercepted by the officials of Police Post Okhla. The complainant proceeded there and identified the van along with the two boys as persons who were sitting on the rear seat of the van at the time of commission of robbery, Sunny and 'V'. They gave the details of the appellant and Kailash, who had escaped. On 29/6/2019, vide DD No.22B, information was received from PS Badarpur regarding arrest of the appellant in relation to E.FIR No. 021799/19, disclosing his involvement in the present case. He was arrested in the present case on 18/7/2019. Judicial TIP was conducted on 20/7/2019 (Ex. PW3/C) wherein the complainant failed to identify the appellant and rather identified someone else as the offender.

(3.) The appellant and the co-accused Sunny were tried together. The charge was framed against the appellant under Sec. 392/394/34 and 397 IPC, to which he pleaded not guilty and claimed trial.