MOHIT RAJORA Vs. STATE

JUDGEMENT

(1.) By these appeals, appellants Mohit Rajora @ Gotu and Vineet Gupta challenge the impugned judgment dated 8 th December 2016 wherein they were convicted for offences punishable under Section 395/34 IPC in FIR No. 252/2014 registered at PS Govind Puri and the order on sentence dated 16th December 2016 whereby the appellants were directed to undergo rigorous imprisonment for a period of five years each and to pay a fine of ? 2500/- each, in default whereof to undergo simple imprisonment for a period of three months each.

(2.) Assailing the conviction, Learned Counsel for Mohit submits that the complainant Rajesh Rana in his testimony deposed that none of the accused present in court that is, Mohit Rajora and Vineet Gupta, put the knife on him. He further stated that the offence was committed by the rear seat passengers hence no role has been attributed to the appellant. Furthermore, the appellant was shown to the complainant in the police station before the TIP was conducted. He further points out to the inconsistencies in the testimony of the police witnesses. Ct. Pradeep Kumar in his testimony stated that he could not identify Vineet Gupta due to the lapse of time but when Vineet Gupta was present in court he identified him and stated that the photocopy of the ID Card was recovered from near the Honda Showroom, lying on the ground. Ct. T.C. Babu in his testimony stated that the voter ID Card was recovered from the possession of the appellant. SI Gurjeet Singh, investigating officer in his testimony has stated that the search of Mohit was not conducted at the spot.

(3.) Learned Counsel for Vineet Gupta submits that the fact that the appellants were actually the victims has been accepted by the complainant in his testimony. Furthermore, the copy of the PAN Card was not found from him rather it was recovered on his pointing out. Mere pointing out does not amount to admission of guilt, pointing out can also be done as a witness. The appellants were also co-passengers who were threatened with dire consequences at the time of the incident.