SHAHANAWAZ Vs. STATE (GOVT OF NCT OF DELHI)

JUDGEMENT

(1.) By the present appeal, Shahnawaz @ Sanu challenges the impugned judgment dated 11th January, 2017 convicting him for the offence punishable under Section 397 IPC and Section 27 Arms Act in FIR No. 106/2013 registered at PS Kotwali and the order on sentence of the even date directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of ?10,000/- and in default whereof to undergo simple imprisonment for a period of one month for the offence punishable under Section 397 IPC and rigorous imprisonment for a period of three years and to pay a fine of ?1,000/- and in default whereof to undergo simple imprisonment for a period of three days for the offence punishable under Section 27 Arms Act.

(2.) Learned counsel for the appellant contends that there are material contradictions in the testimony of Rajesh Kumar and Satyaveer Singh regarding the role of the appellant while allegedly committing robbery. Even as per the statement of Rajesh Kumar, appellant inserted his hand inside the pocket of the t-shirt of his father but his father caught hold of the hand of the appellant still he goes on to say that the appellant took out the desi katta from his pocket and pointed it towards his father. The sequence of events as narrated by Rajesh Kumar is highly improbable. The learned Trial Court grossly erred in holding that the appellant was having a country made pistol and that he used it. The appellant is not involved in any other case and has been falsely implicated in this case.

(3.) Learned APP for the State on the other hand contends that the appellant was apprehended at the spot along with the country made pistol. One live cartridge was recovered from the pistol besides three live cartridges from the rexine bag. Hence there is no error in the impugned judgment of conviction or order on sentence.