SURESH Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) Mohd. Shahbuddin PW-3 is the complainant. On 23.10.2005. at about 5 p.m., while he was going to Laxmi Nagar on reaching near the Ganda Nala, Nangla Basti, Nehru Stadium, he was accosted by four boys; one of the said four boys slapped him; the second gave him a blow with a fist; the third showed him a knife and the fourth caught hold of him from behind. Mohd. Shahbuddin was robbed of about Rs.2000/- cash lying in his pocket; this amount was removed by the person who had showed the knife; the money was then handed over to his co-accomplices. On the basis of the aforesaid allegations complaint Ex.PW-3/A was lodged. The rukka was dispatched at 7.30 p.m. i.e. within two hours of the incident.

(2.) The person who had brandished the knife was apprehended at the spot. Other persons had managed to flee. Appellant before this Court i.e. Suresh was the person who had been apprehended at the spot; he was the person who was having the knife. The knife was recovered from his person which was taken into possession vide recovery memo Ex.PW-3/C; sketch of the knife Ex.PW-3/B was prepared.

(3.) The star witness of the prosecution is the complainant Mohd. Shahbuddin who has been examined as PW-3. In his deposition on oath he has stated that when he was going towards Laxmi Nagar he was attacked by four persons; Suresh the appellant had showed him a knife; one of the accomplices had slapped him; other had given him a fist blow; another caught hold of him from behind; he was robbed of Rs.2000/- by the appellant who had taken out his money from his pant pocket and handed it over to his accomplice. This amount was subsequently recovered from the co-accused.