JAFAR MALIK Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THE appellant has filed this appeal under Section 374 of the Code of criminal Procedure (Cr. P. C.) for setting aside the judgment of the conviction and the order of sentence in Sessions Case No. 29/2006 passed by the learned asj, New Delhi in case FIR No. 562/2005 registered at P. S. Hauz Khas under Sections 392/397/411/34 IPC against the appellant and three others on the basis of the statement vide exhibit PW-3/a made by P. W.-3, Sh. Bharat Singh whereby he stated to the police that: "on 06. 10. 2005 the complainant along with his colleague Mahesh, accounts officer had come to ICICI Bank, Green Park Extension at about 1/1. 15 pm to withdraw case. They had left the bank about 2 pm. They withdrew cash of Rs. 1,90,000/- kept it in a bag of black colour. They reached at Karnataka Restaurant, Yusuf Sarai and took lunch there. At about 3. 15 pm when the TSR in which they were travelling reached near laxman Public School, all of a sudden a motor cycle of red colour came there. Three persons without helmets were sitting on the said motor cycle. The said persons got stopped their TSR after putting their motorcycle in front of the TSR. Two boys alighted from the motor cycle and one of them who was sitting on the rear seat pointed a pistol like object at him and snatched his bag containing Rs. 1,90,000/- and his identity card. Before they could react, the said persons fled away towards outer ring road. Soon after the incident he made telephone call to PCR at 100. He could identify those three assailants if produced before him. "

(2.) THE appellant and Mohd. Sharikh his co-accused were arrested by the police officials of P. S. Hauz Khas in case FIR No. 626/2005 on 12. 11. 2005. In the course of interrogation they made a disclosure statement and admitted their involvement in the commission of offence in this case. However, nothing was recovered at their instance.

(3.) THE other co-accused, namely, Sh. Satish Saini was apprehended before them in another FIR No. 994/2005 which was registered under section 186/353/307/34 IPC on 12. 11. 2005 and on his interrogation he also made a disclosure statement and admitted his involvement in the commission of the offence of this case.