SUNIL @ GUDDU Vs. STATE

JUDGEMENT

(1.) Admit.

(2.) By this appeal the appellant challenges his conviction for offence punishable under Section 392 IPC passed by the learned Additional Sessions Judge vide judgment dated 15th January, 2010 and the order on sentence dated 15th January, 2010 directing him to undergo rigorous imprisonment for a period of five years and to pay a sum of Rs. 5,000/- in default whereof to undergo simple imprisonment for a period of five months.

(3.) Case of the persecution is based on the testimony of the complainant PW-6 who stated that on 4th August, 2009 at 9.55 PM when he de-boarded the bus at Balak Ram Bus Stand and was going towards his house at Timar Pur the appellant caught him, threatened him to take out whatever was in his possession or else it would lead to dire consequences. Terrified by the conduct of hte appellant, complainant gave his purse to the appellant, which contained Rs. 1,000/- currency notes. The appellant ran from the spot however, the complainant raised noise and in the meantime, SI Sahab Singh who on patrolling duty along with Constable Ashish apprehended the appellant. On the search of the appellant, purse containing currency note of Rs. 1,000/- was recovered which was seized vide seizure memo Ex.PW-1/B and sealed with the seal of 'SS'. In his deposition the complainant stated that the appellant had threatened him with knife however, since this fact was not stated in the rukka the learned Trial Court felt the same was an improvement and thus did not convict the appellant for offence punishable under Section 397 IPC but for offence punishable under Section 392 IPC.