ABID Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) Both the criminal appeals have been heard together and are being disposed of by this common judgment.

(2.) Appellants Abid and Imtiyaz @ Toe have been convicted under Sections 395 and 397 of the Penal Code and have been sentenced to undergo RI for 7 years, fine of Rs. 5000.00 and in default of payment of fine, SI for six months under both the counts by judgment and order dated 16.04.2015/20.04.2015 passed by the Special Judge, NDPS-2, Central District, Tis Hazari Courts, Delhi in S.C No.82/2011 arising out of FIR No.96/2011 (P.S. Timarpur) instituted for the offences under Sections 392/397/412 and 34 of the Penal Code read with Sec. 27 of the Arms Act. The sentences have been ordered to run concurrently.

(3.) On 04.05.2011 at about 5 AM, Munna Prasad (PW-1) and Sandeep Kumar (PW-3) were divested of their belongings including wallet containing money and other documents on point of knife by the miscreants. FIR was lodged by Munna Prasad (PW-1) alleging that while he and PW-3 were going to distribute newspapers, they were intercepted by three miscreants. They were caught hold of and on point of knife, they were divested of their belongings. The miscreants were riding a motorcycle but were not wearing helmets and, therefore, it was stated by PW-1 that if shown to him, he could identify them.