RAVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeal has been preferred against the judgment of conviction dated 15.02.2019 vide which the appellants were convicted under Section 379-A and 201 read with Section 34 IPC and vide order dated 16.02.2019 they were sentenced to undergo rigorous imprisonment of eight years and to pay a fine of Rs. 25,000/- each for having committed the offence punishable under Section 379-A read with Section 34 IPC and in default of payment of fine, to further undergo rigorous imprisonment of two years. They were also sentenced to undergo rigorous imprisonment of two years each for committing the offence punishable under Section 201 read with Section 34 IPC. Both the sentences were directed to run concurrently.

(2.) Briefly, the facts as put-forth by the prosecution are to the effect that on 02.08.2018, Dev Kumar-complainant submitted an application to the Incharge, Police Post Bus Stand, Fatehabad, to the effect that he is a student of 12th standard. On 23.07.2018 at about 3.00 p.m., he alongwith his father Sanjay Kumar were present in the street in front of their house. He was carrying a mobile phone bearing IMEI No. 867159036308993 and 867159038308991 having SIM No. 9518493758. The complainant was holding the mobile phone in his hand. Two young persons arrived at the spot on a motorcycle and the person sitting on the pillion snatched the mobile phone of the complainant and fled away on the motorcycle. The complainant alongwith his father tried to chase them but to no effect. The complainant had been trying to locate the mobile phone at his level but could not get any clue. The unknown persons were aged about 20-22 years who can be identified by the complainant and his father. On the basis of said complaint, the present case has been registered.

(3.) On presentation of challan, the accused were charge-sheeted under Sections 379-A and 201 read with Section 34 of IPC, to which they pleaded not guilty and claimed trial.