STATE OF HARYANA Vs. JAFRU

JUDGEMENT

(1.) The instant appeal has been preferred against the impugned judgment dated 07th October, 2003, passed by Addl. Sessions Judge, Faridabad (hereinafter referred to as the 'Ld. Trial Court'), whereby, the accused-respondents were acquitted of the charges under Sections 392 and 397 IPC, framed against them.

(2.) Prosecution case in a nutshell is that on 09th March, 1998 at noon, Manish Taneja - complainant along with one Santosh Mishra, was returning on a scooter from the State Bank of India (SBI), Ballabgarh, after withdrawing cash amounting to Rs. 2,25,000/-. The cash so withdrawn by the Manish Taneja - complainant had been put in a briefcase, which the complainant had in turn placed between his legs on the scooter. A motorcycle being ridden by two boys came from behind and before the complainant could realise, the assailants had managed to snatch the briefcase containing the aforementioned amount from in between the legs of the Manish Taneja - complainant. Resultantly, the complainant lost his balance and both, the complainant and Santosh Mishra fell down from the scooter. The motorcyclists, after snatching the briefcase containing the cash fled away from the spot. It all happened so suddenly that neither Manish Taneja - complainant nor Santosh Mishra, could notice the registration number of the motorcycle. An FIR was thereafter registered under Section 382 I.P.C. on the statement of Manish Taneja, against unknown assailants. Subsequently, on 01st May, 1998, accused-respondents namely Bhopal Singh, Sukhbir Singh, Sugan, Man Singh @ Ajay, Ram Hari and Manbir @ Mannu were arrested in an another case FIR No. 143, dated 30th April, 1998, registered at Police Station Mujessar. During their interrogation, the aforementioned accused-respondents disclosed that they along with other accused-respondents namely Jafru and Manoj Bharti were involved in the occurrence that had taken place on 09th March, 1998. In consequence thereto, respondents Jafru and Manoj Bharti were arrested on 21st May, 1998. Thereafter, in pursuance to their respective disclosure statements, cash amount of Rs. 20,000/-, Rs. 4000/-, Rs. 3000/-, Rs. 10,000/-, Rs. 5000/- and Rs. 5000/- were recovered from the accused-respondents Bhopal Singh, Sukhbir, Sugan, Ram Hari, Manbir @ Mannu and Man Singh @ Ajay, respectively. The amount so recovered from the accused-respondents bore the seal of the SBI, Ballabgarh and was identified by the Manish Taneja - complainant. On 24th May, 1998, in pursuance to the disclosure statements of the accused-respondent Manoj Bharti, a sum of Rs. 50,000/- were recovered from his house, which too had the seal of SBI, Ballabgarh 1157. This recovery of cash of Rs. 50,000/- was identified by the Manish Taneja - complainant. The motorcycle bearing registration No. DDW 8020, which was allegedly used in the occurrence was also recovered from the accused-respondent Manoj Bharti.

(3.) The accused-respondents were charge-sheeted for the offences under Sections 392 and 397 IPC. They pleaded not guilty and claimed trial.