SUNNY @ GATTU Vs. STATE

JUDGEMENT

(1.) By the present appeal, Sunny @ Gattu challenges the impugned judgment dated 21st August, 2015 convicting him for the offence punishable under Section 394 IPC read with Section 397/34 IPC in FIR No. 92/2014 registered at PS Madhu Vihar and the order on sentence dated 7th September, 2015 directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs. 5,000/- and in default whereof to undergo simple imprisonment for a period of 30 days for the offence punishable under Section 394 IPC read with Section 397 IPC.

(2.) Learned counsel for the appellant contends that no certificate under Section 65B of the Evidence Act was exhibited to prove the FIR. No FSL report was sought of the blood stained clothes allegedly recovered from the appellant. Neither there was any recovery of robbed articles from the appellant nor of the weapon of offence. As per order dated 24th November, 2014, the Investigating Officer stated that the juvenile was having the knife, however, in court, it was a different story. Thus, conviction of the appellant for offence punishable under Section 397 IPC cannot be sustained and the appellant be released on the period already undergone. The nature of injury was simple. No public witness was associated at the time of preparing the purported pointing out memo. Appellant has been falsely implicated in the present case, thus he be acquitted.

(3.) Learned APP for the State on the other hand contends that the appellant has been rightly convicted for the offences punishable under Sections 394/397/34 IPC.