SIKANDER KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Additional Sessions Judge, Delhi dated 10.11.1976 convicting the appellant under sections 392/397/34, Indian Penal Code, and sentencing the appellant to undergo seven years' R.I. and a fine of Rs.500.00 and in default thereof, a further R.I. for six months.

(2.) Brief facts are recapitulated as under:- A three-wheeler scooter (for short scooter) having registration no.DHB 426 stood registered in the name of Harnam Dass. He was having a permit from the authority for plying the scooter on hire and was later on purchased by Hari Kishan, Public Witness -6, who in turn had given the scooter for plying to Parshotam Lal, complainant, Public Witness -5.

(3.) In the intervening night of September 12/13, 1972 at about 11.30 P.M. Parshotam Lal's scooter was hired by two boys. According to the description as given by the complainant, one of them was quite tall and was about 26-27 years of age and had a thin physique, dark wheatish complexion wearing a pant and shirt having two pockets. The other boy was of a short stature and was about 20 years of age wearing white shirt and pyjama. These two boys asked the complainant Parshotam Lal to take the scooter to Shahdara border and from there asked him to take the scooter to Azadpur. From Azadpur, he was asked to take them to Rajouri Garden to their houses as they did not have sufficient amount to clear the charges. When the scooter had reached 50 yards away from the petrol pump towards Punjabi Bagh, the scooter was stopped and the boys alighted from the scooter saying that he was to urinate while the other boy kept seated on the rear seat of the scooter and the time was around 2 AM. After urinating, the boy came and he took out a knife and asked his companion also to take out his knife and he also took out his knife and placed it on the back of Parshotam Lal and then the taller boy took out Rs.50.00 currency note and coins worth Rs.2 or 3 from the pocket of Parshotam Lal and compelled Parshotam Lal to leave his scooter. In these circumstances, Parshotam Lal left the scooter and these boys drove away the scooter. Parshotam Lal went to police station Moti Nagar where a daily diary entry was recorded. As the case related to police station Punjabi Bagh, the complainant was then referred there and the case was registered at Police station Punjabi Bagh.