- (1.)The appellant was tried for offences punishable under sections 393/357 of the indian Penal Code. 1860 (in short 'ipc') , section 25 of the Arms Act, 1959 and section 5 of the Terrorists and Disruptive activities (Prevention) Act, (in short 'tada Act').
(2.)The case of the prosecution was that on 7th November, 1991 one Smt. Bismillah Begum. PW. 2, was living at her house no. 444, Janta Flat, Nand Nagri, delhi. She had gone out to the neighbourhood for a few minutes and had left her house unlocked. When she returned she found that two boys had entered the house and two boxes containing household articles were opened and the said boys were standing inside the room. On seeing her returning, one of the boys ran away but the other boy, namely, Ali mehndi, the appellant herein, took out a pistol and pounced upon her and tried to gag her mouth and told her to hand over whatever cash and jewellery she had.
(3.)Bismillah Begum, however, bit Ali mehndi on fingers and freed herself from his clutches. At that time, her daughter aged about 18 years also started shouting. On hearing the noise, Ali Mehndi ran away from the house. While he was running away, it is alleged that he was caught and later on tried for the aforesaid offences.