STATE Vs. SHER ALI @ SHERU

JUDGEMENT

(1.) This is a petition filed by the State seeking leave to appeal against the judgment dated 22.05.2017 passed by the Special Judge (NDPS)/ASJ/ NE/KKD Courts, Delhi in the case arising out of FIR No. 225/2016 under Sections 392/397/411/34 of the Indian Penal Code, 1860 (IPC) registered with PS Bhajanpura. By the impugned judgment, the respondents were acquitted of the offences for which they were charged. Respondent no.1 was charged with the commission of an offence under Sections 392/397 of the IPC and respondent no.2 (Shahid @ Mulli) was charged with commission of offence under Section 392 of the IPC.

(2.) The said FIR was registered at the instance of one Mandeep Kumar (the Complainant). He stated that on 02.03.2016, he was robbed by three persons at a place near Shaheed Bhagat Singh Park, C-9 Block, Yamuna Vihar, Delhi. He alleged that he was accosted by three boys. One of them had stated that the Complainant had beaten one person. Thereafter, the three boys took the omplainant to a gali. He alleged that one of the boys - later identified as Sher Ali (respondent no.1) - had put a knife on the complainant's neck and the second boy (later identified as Shahid) had caught hold of him. The third boy had taken out two mobile phones from the complainant's pocket. The said mobile phones were identified as 'Micromax Model A-110' and 'Nokia Model C-1'. The Micromax phone had two sim cards corresponding to mobile nos. 8130376112 and 8285783848. The other mobile phone, of the brand Nokia, had a sim card corresponding to mobile number 7065551247.

(3.) He alleged that one of the mobile phones was handed over to Sher Ali (the boy who had placed a knife on his neck). The Complainant stated that the boy who had caught hold of him, took out his purse, which contained ₹200/-, from his trouser pocket. It is alleged that the said three boys had fled thereafter. He testified that he had chased Sher Ali and caught him with the assistance of one official of the PWD. The complainant, thereafter, made a call to 100 number and Sher Ali was handed over to the said police.