PAWAN SONI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Being convicted and sentenced for the offence punishable under Ss. 394/34 IPC read with Sec. 397 IPC, the appellant has preferred the present appeal seeking setting aside of the judgment dtd. 30/3/2024 and order on sentence dtd. 20/7/2024 passed by Ld. Additional Sessions Judge-07, South-East, Saket Courts, New Delhi. The appellant was directed, for the offence under Sec. 394 IPC to undergo 3 years RI along with a fine of Rs.10,000.00, in default whereof he was to undergo SI for 1 month. For the offence under Sec. 397 IPC, he was sentenced to RI for 7 years. The benefit of Sec. 428 CrPC was given to the appellant and both the sentences were to run concurrently.

(2.) Facts as per case of the prosecution are that DD No. 9A was received on 31/12/2022 at 12.39 A.M. regarding stabbing of one boy and snatching of his mobile phone and purse. ASI Subhash and Ct Roki reached the spot to find that injured had been taken to hospital. Another DD No.15A regarding admission of patient/injured Abid Ali in AIIMS Trauma Centre was received at 02.04 A.M. In hospital, the statement of complainant was recorded, wherein he stated that on 30/12/2022, while returning after attending a marriage ceremony, he was going to get his projector repaired at the company located at No.47/5, Okhla Phase-II around 11:00 p.m. While he was walking to the said address after alighting from the rickshaw, four boys came near him. While one of them took out his Samsung mobile phone and Rs.5,000.00 from the pocket, the other three caught hold of him. When he asked them to return his bag, then the fourth boy stabbed him with a sharp object in his stomach. The accused persons, thereafter, fled after leaving his bag there on the ground. The injured complainant inquired about hospital from a person who called the PCR which subsequently took him to AIIMS trauma Centre. Statement of the caller, Sanjay Kumar was also recorded.

(3.) On the basis of secret information, on 2/1/2023, the appellant and one co-accused Ashish @ Kalia were apprehended from the container yard at Okhla Phase-II. One power bank was recovered from the appellant, and the mobile was recovered from the co-accused.