KAMALUDDIN Vs. STATE

JUDGEMENT

(1.) Aggrieved by a judgment dated 03.04.2013 of learned Additional Sessions Judge in Sessions Case No.02/2013 arising out of FIR No.61/2012 registered at Police Station Bara Hindu Rao by which the appellant was convicted for committing offences under Sections 392/397 Penal Code and Sec. 25/27 Arms Act, the instant appeal has been preferred by him. By an order dated 3.4.2013, the appellant was awarded various prison terms with fine.

(2.) Briefly stated, the prosecution case as set up in the charge-sheet was that on 08.10.2012 at about 12 noon at Hathikhana, Azad market, Delhi, the appellant and his associate in furtherance of their common intention robbed the complainant of CBZ motorcycle No. DL 5 SR-6904, black colour purse containing Rs.1,100.00 by putting him in fear on the point of knife. The occurrence took place on 08.10.2012. The incident was reported to the police on 10.10.2012. After recording victim's statement (Ex.PW-2/G), the Investigating Officer lodged First Information Report by sending rukka (Ex.PW-7/A) at 01.50 p.m. The appellant was arrested and certain recoveries were affected from his possession. Statements of witnesses conversant with the facts were recorded. Upon completion of investigation, a charge-sheet was filed against the accused in the court. In order to establish its case, the prosecution examined seven witnesses. In 313 statement, the appellant denied his involvement in the crime and pleaded false implication. The trial resulted in conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeal has been preferred.

(3.) It is relevant to note that appellant's associate could not be arrested during investigation; his identity could not be established.