AFZAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Criminal Appeal under Sec. 415(2) read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') has been filed on behalf of the Appellant Afzal @ Totla, against Judgment dtd. 1/4/2025 whereby the Appellant was convicted under Ss. 411/413/414 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Order on Sentence dtd. 8/4/2025 passed by Learned Principle District and Session Judge, Delhi, in e-FIR No.0030/2020 under Ss. 411/413/414 IPC, registered at P.S. INA Metro, Delhi.

(2.) The case of the Prosecution is that on 14/2/2020, Complainant Cherkal Muhammed Ashraf made an e-FIR regarding theft of mobile phone make 'Huawei Y7 Prima 2018', while he travelling in Metro Train from Hauz Khas Metro Station to INA Metro Station. The FIR was marked to SI Laxmi Narayan, IO, who put the stolen mobile on surveillance. The mobile was found activated on ID of one Ms. Roshni Khan. IO approached her and she disclosed that she had purchased this mobile from the Appellant, but because he did not furnish any Bill, she had returned the same to him.

(3.) Further investigations were assigned to HC Ravinder, who received secret information on 6/12/2020, about the Appellant and he being in possession of stolen mobile phones. A Raiding Party was constituted comprising of SI Hari Om, HC Ravinder, HC Rajesh, Ct. Gurbej and Ct. Mohit. At the instance of secret informer, the Appellant was apprehended from Jhuggi No.T-34, Andheria More, Near Pankhe Wali Masjid, Mehrauli, New Delhi. On his cursory search, stolen mobile phone make Huwai Y7, Black colour was recovered from his possession and seized vide Memo Ex.PW-2/A.