BALBIR SINGH @ BAWA Vs. STATE, NCT OF DELHI

JUDGEMENT

(1.) On 05.07.2009, Daily Diary (DD) No. 7-A recorded at PS Punjabi Bagh, Delhi, set the police machinery into motion. They came to know that Sunil Chauhan was admitted at MGS hospital, Punjabi Bagh, Delhi, by PCR. The Investigation Officer lodged First Information Report after recording Sunil Chauhan's statement. He disclosed that on 05.07.2009 at about 02.00 A.M. when he was going on his motorcycle and reached at red light in front of Alka Kori Restaurant, two boys on motorcycle stopped it in front of his motorcycle. In the meanwhile, two more boys also arrived there and surrounded him. Two of them having knife like weapon assaulted him and the other two snatched his mobile phone and purse containing health card, pan card, election card, driving licence, credit cards and cash Rs. 1,200/-. He was also beaten by the assailants. Efforts were made to find out the culprits but in vain. On 10.07.2009, Balbir Singh was apprehended in case FIR No. 188/09, PS Kirti Nagar. The involvement of the appellant surfaced in this case. The appellant declined to participate in the Test Identification Proceedings. Pursuant to his disclosure statement, the police was able to recover purse containing currency notes Rs. 300/-, one visiting card and some other documents. The accused was charge-sheeted. The prosecution examined fifteen witnesses. In 313 statement, the accused denied involvement in the crime. The trial resulted in his conviction under Section 394/34 IPC. By an order on sentence dated 22.08.2012, he was awarded RI for four years with fine Rs. 1,000/-.

(2.) During the course of arguments, appellant's counsel on instructions stated at Bar that Balbir Singh @ Bawa has given up challenge to the findings recorded on conviction under Section 394 IPC and accepts it voluntarily. He, however, prayed to take lenient view as the appellant has clean antecedents and has suffered incarceration for more than two years. Learned Addl. Public Prosecutor has no objection to consider the mitigating circumstances.

(3.) Since the appellant has opted not to challenge findings of the Trial Court on conviction under Section 394 IPC in view of the overwhelming evidence of the complainant who identified him in the Court as one of the assailants coupled with recovery of the robbed articles from his house, his conviction stands affirmed. Nominal roll dated 28.01.2014 demonstrates that he has already undergone one year, seven months and twenty four days incarceration besides remission for five months and twenty six days as on 27.01.2014. He is not a previous convict. One criminal case FIR No. 282/09 under Section 392/34 IPC PS Paschim Vihar is pending trial. In criminal case at PS Kirti Nagar, the appellant has been acquitted. The appellant was aged about 25 years on the day of occurrence. He was to get married shortly. Before he could solemnize the marriage, he was apprehended in the case and relations came to an end. Considering these mitigating circumstances, the substantive sentence of four years under Section 394 IPC awarded to the appellant is modified and is reduced to RI for three years. Other terms and conditions of the sentence order are left undisturbed.