NARESH @ CHHOTU Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) THIS order shall dispose of the aforesaid appeal filed against the judgment of conviction and order of sentence dated 16.08.2007 and 20.08.2007 passed by the Additional Sessions Judge, Patiala House, New Delhi in S.C. No. 77/2006. The case arose out of FIR No. 492/2005 registered under Sections 392/397 IPC at P.S. New Friends Colony. By the impugned judgment Ld. ASJ held the appellant guilty of offences under Section 392/397 IPC and sentenced him to undergo RI for 3 years and to pay a fine of Rs. 500/ - and in default to undergo further RI for one month under Section 392 IPC and RI for 7 years and a fine of Rs. 500/ - was also imposed for the offence committed under Section 397 IPC and in default of payment of fine to further undergo R.I. for one month. Both the sentences were ordered to run concurrently. Benefit of Section 428 of Cr.PC has also been extended to the appellant.

(2.) BRIEFLY stated the facts giving rise to the present appeal are that on the intervening night of 23rd and 24th September 2005 at about 11.15 PM complainant, namely, Roop Ram while returning to his house at Kalkaji from Mayur Vihar in his TSR No. DL -IRH -0375 when reached near the speed breaker which was at DND flyover, he was signaled by one person to stop his TSR. Thereafter, the appellant put a razor on his neck and asked him to handover whatever he has with him. Appellant then took out Rs. 100 note, some papers, photocopy of the challan slips and the visiting cards from the pocket of shirt of the complainant and put them in his rear pant pocket. In the meanwhile a PCR vehicle came to that side. On seeing them the appellant started running. Complainant then raised the alarm and also caught hold of the appellant from behind. On hearing the shout of the complainant, police reached at the spot. H.C Jai Singh and Ct. Chandermani then overpowered the appellant and snatched the razor from him. Then on getting the information, the local police of New Friends Colony also reached there, who then took personal search of the accused and recovered Rs. 100 note from the back pocket of his pant, photocopy of the challan slip and three visiting cards were also recovered. They also seized the razor & hundred rupee note.

(3.) THE prosecution in order to prove its case has examined 5 witnesses. After closing of the prosecution evidence, statement of the appellant under Section 313 Cr.P.C. was also recorded in which he denied the entire evidence. He also stated that he has been called at police station and falsely implicated in this case. The appellant did not lead any defence evidence. Vide impugned judgment Ld. ASJ held the appellant guilty and sentenced him as aforesaid. Hence the present appeal.