ALLU @ MUSHARAFF Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By the present appeal the appellant challenges the impugned judgment dated 21st March, 2015 convicting him for the offences punishable under Sections 392/397/411 IPC and Sections 25/27 Arms Act, 1959 in FIR No.14/2010 registered at PS Jafrabad and the order on sentence dated 27th March, 2015 directing him to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.3,000/ -; in default to undergo simple imprisonment for a period of three months for the offence punishable under Section 392 IPC; rigorous imprisonment for a period of seven years for offence punishable under Section 397 IPC; rigorous imprisonment for a period of three years and to pay a fine of Rs.1,000/ -; in default to undergo simple imprisonment for a period of one months for the offence punishable under Section 411 IPC and rigorous imprisonment for a period of three years and to pay a fine of Rs.1,000/ -; in default to undergo simple imprisonment for a period of one month for the offence punishable under Sections 25/27 Arms Act. A compensation of Rs.2,000/ - was directed to be paid to the victim which was paid by the appellant.

(2.) The brief facts of prosecution case are that on 19th January, 2010 at 8.35 PM the complainant Munni Lal PW -1 was talking over the mobile phone while crossing the Tentwala School near Ayana Restaurant, Nehar Bazar, 66 Foota Road, Western Carriageway when suddenly three boys surrounded him and snatched his mobile phone. One of the boys took Rs.1,000/ - from his pocket. When he asked them to return his mobile phone and money, two boys took out knife and threatened to kill him and cause injury and told him to run away. However, when he raised alarm two boys ran away but one boy, who had the knife was apprehended by SI Ashish Kumar, PW -4 who was on patrolling duty with other police staff. On inquiry the name of the boy who was apprehended was revealed as Allu@ Musharraf and on further inquiry the names of other two boys were revealed as Tannu and Annu by the appellant. During search the police recovered a knife and a Nokia Mobile Phone 1209 from the right side pocket of his jeans pant. On the basis of this statement Ex.PW -1/C, FIR was registered under Sections 382/34/411 IPC and Section 27 of Arms Act, 1959. The appellant was arrested by SI Vivek Sharma, PW -7 to whom further investigation was handed over by SI Ashish Kumar, PW -4. Thereafter charge sheet was filed and charges were framed against the appellant under Sections 392/397/34/411 IPC and Section 25/27 of Arms Act, 1959.

(3.) Learned senior counsel for the appellant contends that the prosecution failed to prove that at the time of the alleged incident, the appellant was holding any knife. Furthermore, the knife alleged to have been recovered from the possession of the appellant was not sent to the laboratory to seek forensic expert opinion about the finger prints which ought to have been found on the said knife. There are contradictions in the testimonies of the complainant PW -1 and Ct.Mohd.Rahman PW -3. PW -1 deposed that the police reached the spot in Gypsy whereas PW -3 deposed that they were all on foot.