- (1.) On 10.12.2010, PW3-Mohd. Nuruddin was standing at Azad Pur Bus Terminal and was waiting for a bus to reach Majnu Ka Tila. At about 12.30 am, two boys came there from MCD Colony, Model Town side and attempted to remove the mobile phone and currency notes from him. One of the assailants who was having a knife hit on his right hand. He raised alarm "bachao bachao, loot liya loot liya'. PW2 Constable Subhash who was on patrolling duty, on hearing the alarm reached the spot. The boys were apprehended by complainant - Mohd. Nuruddin with the help of Constable Subhash and public persons. Their names were revealed as Rahul and Sonu. The knife was recovered from the possession of Rahul. Some public persons informed the police as such DD No.4A was recorded which was assigned to PW5-ASI Rajpal, who reached the spot. Accused Rahul and Sonu were handed over to him along with the knife recovered from accused Rahul. ASI Rajpal recorded the statement of Nuruddin Ex.PW3/A and got the FIR registered. Accused were arrested. The proceedings regarding preparation of sketch of knife Ex.PW2/G, its seizure memo Ex.PW2/H were conducted. The complainant was sent to the hospital for his medical examination. After completing investigation, charge-sheet was submitted under Section 393/394 read with Section 34 and under Section 398 of IPC before the concerned Metropolitan Magistrate. Since offence under Section 398 IPC was exclusively triable by the Court of Sessions as such the case was committed to the Sessions Court. The charge for offence under Section 393/394 read with Section 34 IPC was framed against both the accused. Besides that, accused Rahul was also charged for offence under Section 398A IPC.
(2.) In order to substantiate its case, the prosecution in all examined five witnesses. All the incriminating evidence was put to the accused persons while recording their statements under Section 313 of Code of Criminal Procedure. Accused Sonu took the plea that he had an altercation with the complainant in the bus as he tried to pull him in the bus to save him from the accident, but the complainant started abusing him and after some time when he de-boarded from the bus, he was apprehended and falsely implicated in this case. Accused Rahul took the plea that he was lifted from his house and thereafter falsely implicated in this case. None of the accused preferred to lead any evidence in defence.
(3.) Vide impugned judgment dated 14.07.2011, the learned Additional Sessions Judge convicted both the accused for offence under Section 393 and 394 read with Section 34 of Indian Penal Code. Accused Rahul was also held guilty for offence under Section 398 of IPC. Vide order dated 18.07.2011, both the accused were sentenced to undergo rigorous imprisonment for three years along with fine of Rs.5,000/-. In default of payment of fine, to undergo rigorous imprisonment for one month for offence under Section 393/34 IPC. They were also sentenced to undergo rigorous imprisonment for four years alongwith fine of Rs.5,000/- for offence under Section 394/34 IPC. In default of payment of fine to undergo rigorous imprisonment for one month. Accused Rahul was sentenced to rigorous imprisonment for seven years alongwith fine of Rs.5,000/- for offence punishable under Section 398A IPC and in default of payment of fine, to undergo rigorous imprisonment for one month. All the sentences were ordered to run concurrently. The benefit under Section 428 Cr.P.C was given to them.;