STATE Vs. WASIM @ SONU

JUDGEMENT

(1.) By this petition State seeks leave to appeal against the judgment dated 29th July, 2016 acquitting the respondent for offences punishable under Sections 394/397 IPC.

(2.) Fir No. 77/2015 under Sections 394/397 IPC was registered at PS Malviya Nagar, New Delhi on the statement of Mohd. Sahil (PW-2) who stated that he was studying in 10th standard and residing with his parents. On 13th January, 2015, at around 10.00 PM his father gave him a note of Rs. 1,000/- and asked him to bring articles from the shop. According to Mohd. Sahil, respondent who was residing in the neighbourhood on seeing the money in his hand tried to snatch the same. When he did not give the note to Wasim, he started beating him and injured his right side of the neck with the help of a blade. On hearing the cries his brother Shajeb (PW-7) came and took him to the hospital. Though in his examination-in-chief Mohd. Sahil stated as per his version in the FIR however, in cross-examination he admitted that his two friends were present when respondent robbed him and gave him the blow of the blade and that his brother and brother's friend was at a distance and came later. He further stated that at the time of incident, Wasim was under the influence of liquor.

(3.) According to Shajeb (PW-7) the brother of the injured, he was sitting on his motorcycle with his friend when he noticed Wasim @ Sonu coming under the influence of liquor moving his hands in different directions. His mother called him inside the house and when he reached the chowk he noticed Wasim returning alone from his house and his brother was also coming out of the house. Then, he saw Wasim started grappling his brother. He reached the spot when Wasim ran away. Then, they took Mohd. Sahil to the hospital at Malviya Nagar.