ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) The present Appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 has been filed on behalf of the appellant assailing the correctness of the Judgment dtd. 17/1/2013 and Order on Sentence dtd. 24/1/2013 passed by the learned Additional Session Judge (ASJ) Saket Courts, New Delhi in Sessions Case No. 82/2011, titled as State Vs. Ashok Kumar, whereby the appellant has been held guilty of the offence under Sec. 379 read with Sec. 34 of the Indian Penal Code, 1860 (' IPC' ) and has been sentenced to undergo sentence of rigorous imprisonment (' RI' ) for a period of one year.

(2.) The brief facts encapsulated in a nutshell, as emerging from the record, are that, on 5/8/2005, at about 09:50 PM, the appellant, Ashok Kumar, along with co-accused Vineet, was brought to the Police Station Malviya Nagar by the complainant, Ram Kishore, and his brother, Shailender Kumar, and was handed over to the Investigating Officer. It was alleged that the appellant and the co-accused had, on 31/7/2005, administered some biscuits to the complainant and his brother, as a result of which they lost consciousness, and were thereafter robbed of a sum of ?10,000/-.

(3.) Thereafter, on the same day, i.e., 5/8/2005, the statements of the complainant and his brother were recorded by the police. As per the complainant, he was a resident of House No. 39, Village Rajpur. On 31/7/2005, he and his brother were waiting for a bus at Lado Sarai Bus Stop, en-route to the Railway Station to travel to their native village. At that time, a TSR stopped near them, in which two boys were already seated and were offered to share the TSR ride, claiming that they were also heading towards the Railway Station. During the course of the ride in TSR, while they were conversing with each other, one of the said boys offered them some biscuits, taken out from a packet. Upon consuming the said biscuits, the complainant and his brother lost consciousness. In the meantime, the said boys, thereafter, stole the bag of the complainant and his brother, containing ?10,000/- and two sets of pant and shirt, belonging to each one of them. It was further alleged that the complainant and his brother were thrown out of the TSR near Lodhi Garden while still being in an unconscious state.