PRASHANT GUPTA Vs. STATE (NCT OF DELHI

JUDGEMENT

(1.) The appellants have filed the present appeal impugning a judgment dated 30.09.2016, whereby they have been convicted of the offence under Section 392 of the Indian Penal Code, 1860 (IPC) for robbing the complainant (PW-1) of a sum of Rs. 20 lakhs and for snatching a motor cycle from a passerby (PW-2). The appellants have also been convicted of the offence under Section 120B of the IPC.

(2.) The appellants have also impugned separate orders dated 18.10.2016, respectively sentencing them to serve Rigorous Imprisonment of seven years and a fine of Rs. 10,000/- each for the offences under Sections 392/120B of the IPC for robbing the complainant (PW 1). The appellants were also sentenced to Rigorous Imprisonment for three years and to pay a fine of Rs. 5000/- each for the offences under Sections 392/120B of the IPC on account of snatching a motorcycle from PW 2. The appellants have also been separately sentenced to serve one year of rigorous imprisonment for an offence under Section 120B of the IPC and to pay a fine of Rs. 1,000 each. It was further directed that the appellants would undergo a further period of simple imprisonment for a period of six months on failure to pay the fine of Rs. 10,000/-, for a period of three months on failure to pay the fine of Rs. 5,000/-, and for a period of one month on failure to pay the fine of Rs. 1,000/- as imposed for offences under Sections 392/120B, 392/120-B and Section 120B of the IPC respectively.

(3.) The impugned judgment was rendered in connection with a case arising from FIR No. 378/2009, registered with P.S. Mandawali. The said FIR was lodged at the instance of one Mohammad Arif (who deposed as PW 1). He had reported that he had arrived at Vijaya Bank, Patparganj for withdrawing Rs. 20 lakhs from the account of his brother (Mohammad Riyasuddin) for making certain payments. He had stated that he was working with his brother in the meat business and the said amount was required to make payments to the market. He stated that he arrived at the Vijaya Bank on 17.08.2009 at about 11:30-11:45 a.m. in a Santro car, which was being driven by his driver named Akram. On reaching the bank, he presented the cheque for encashing and was informed that the same would take time and was requested to wait in the bank. It is reported that since the withdrawal of the amount was taking time, he had proceeded to a nearby mosque to offer prayers (Namaz). He returned back to the bank at about 2.25 p.m. and at about 2.30 p.m., he collected the amount of Rs. 20 lakhs from the bank officials. He had stated that on coming out of bank, he found that there was a Scorpio car parked on the road. He reported that three boys had come from behind the said vehicle and one of them caught his collar and had held a katta (country made pistol) to his temple, another boy pointed a katta at his chest and the third boy had demanded that he be handed over the bag containing currency and had threatened to shoot him if he refused. He had reported that the boys had snatched the bag and walked away while pointing the weapons (katta) to him. He had returned back to the bank and informed the public about the incident. He had stated that one boy (Nadim), who was also an accused, was known to him had called the police from the mobile phone.