AMIT@RAHUL Vs. STATE (THRU NCT OF DELHI)

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 27th September, 2002, convicting the appellant as well as the co-accused under Section 397 of the Indian Penal Code, 1985 and order on sentence dated 28th September, 2002, vide which the sentence was passed against the appellant as well as the co-accused, to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 500/- each for the offence punishable under Section 397 of the IPC, in default of payment of fine, appellant was ordered to undergo simple imprisonment for three months, the present appeal has been filed.

(2.) The facts in brief are that a report was lodged by the complainant Ravi Kumar Sonkar to the effect that on 6th February, 2001 at about 8.45 p.m., after closing his petrol pump when he reached at Kirbi Place square at about 9.30 p.m., a young boy tried to open his car; took out a knife and then tried to drag him out of the car. The complainant further stated in his complaint that he started driving his car when another boy hit the windscreen of the car with the butt of a revolver and from the broken windscreen of the car, took away the bag which was kept on the front seat of the car. The bag was stated to contain keys of the Filling Station, important papers, bank pass book and Rs. 8,000/- in cash. The complainant stated that he tried to resist but the first boy gave a knife blow on his right thigh. Thereafter, the complainant came out of the car and removed the keys while those boys got into the car which was standing two-three cars ahead of his car and fled away. Thereafter, investigation began, statement of the complainant was recorded, site plan was prepared and the accused persons were apprehended by the Special Staff, South District on 17th February, 2001 while they were suspected to have come in a stolen car. It emerges from the record that thereafter accused persons were produced before the Duty Magistrate and accused Amit@Rahul (appellant herein) refused to join the Test Identification Parade (TIP). Recovery of a rexine bag was effected at the instance of the appellant which contained documents belonging to the complainant. After investigation, a case under Sections 394/397/34 IPC and section 25 of Arms Act, was made out and the challan was filed.

(3.) The appellant was held guilty under Section 397/34 IPC by the learned Additional Sessions Judge, Delhi and by an order dated 28th September, 2002, sentenced to undergo rigorous imprisonment for a period of seven years and also to pay fine of Rs. 500/-, in default further RI for three months.