IMTIYAZ @ TINKU Vs. THE STATE (NCT OF DELHI)

JUDGEMENT

(1.) Aggrieved by a judgment dated 06.08.2014 of learned Additional Sessions Judge in Sessions Case No.08/1/13 arising out of FIR No.137/12 registered at Police Station Inderpuri by which the appellants - Imtiyaz @ Tinku (A-1), Sunny @ Yogesh (A-2) and Naresh (A-3) were held guilty for committing offences punishable under Sections 392/394/34 IPC and A-2 in addition under Sec. 397 IPC, they have filed the instant appeals. By an order dated 08.08.2014, they were awarded various prison terms with fine.

(2.) Briefly stated, the prosecution case, as reflected in the charge sheet, was that on the night intervening 01/02/11.2012 at about 01.40 a.m. near D-Block, Main Road, JJ Colony, Inderpuri, New Delhi, the appellants in furtherance of common intention robbed the complainant - Virender Mehto of his purse containing Rs. 1,000.00 and a driving licence. Injuries were also inflicted to the complainant - Virender Mehto by a knife. The police machinery came into motion on getting information about the incident vide Daily Diary (DD) No.6A (Ex.PW-3/A) recorded at PS Inderpuri at 01.50 a.m. The investigation was assigned to SI Surender Singh. After recording victim's statement (Ex.PW-2/A), the Investigating Officer lodged First Information Report. The victim was taken for medical examination. Statements of witnesses conversant with the facts were recorded. The accused persons were arrested and certain recoveries were effected at their instance. Upon completion of investigation, a charge-sheet was filed against the appellants in the Court. To establish its case, the prosecution examined fourteen witnesses and relied upon various documents. In 313 Crimial P.C. statements, the appellants denied their involvement in the crime and pleaded false implication. The trial resulted in their conviction as aforesaid. Being aggrieved and dissatisfied, the instant appeals have been filed.

(3.) I have heard the learned counsel for the parties and have examined the file. The occurrence took place at around 01.40 a.m. on the night intervening 01/02.11.2012. Intimation to the police was conveyed promptly and Daily Diary (DD) No.6A (Ex.PW-3/A) came into existence at PS Inderpuri at 01.50 a.m. In the complaint (Ex.PW-2/A), the victim gave detailed account as to how and in what manner, he was robbed by assailants three in number inflicting injuries to him. He claimed to identify the assailants if shown to him. In his Court statement as PW-2, the complainant proved the version given to the police without any variation and identified the appellants to be the assailants. He assigned specific and definite role to each of the assailants in the commission of crime. He deposed that on the night intervening 01/02.11.2012, he was returning in his auto bearing registration No.DL 1RK 9149 after dropping a passenger at C-Block, JJ Colony, Inderpuri, New Delhi in between 01.00 to 01.30 a.m. When he reached near D-Block, JJ Colony, Inderpuri, New Delhi, the appellants stopped his TSR. A-1 caught hold of him by neck and asked him to hand over all the belongings; A-2 stabbed him on his upper thigh and left-side buttock, A-3 removed his purse from the back side pocket of the pant containing cash Rs. 1,000.00 and driving licence. After the commission of robbery, the assailants fled the spot. He made a call at 100 to the police. Police took him to RML Hospital where he was medically examined and his statement (Ex.PW-2/A) was recorded. In the cross-examination, he elaborated that A-1 had caught hold of him from behind after sitting in his TSR which was at a slow speed. Despite his raising alarm, none came to his rescue. He denied the suggestion that it was a case of mistaken identity and the assailants were not the 'boys' who had robbed him.