LALIT KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Vide present appeal the appellant has challenged the order and judgment dated 1st March, 2012 by which the appellant had been convicted and sentence to undergo RI for seven years and also fine of Rs.500/-, in default SI for 15 days for the offence under Section 392/34 IPC read with Section 397 IPC.

(2.) The prosecution case is that the complainant PW4 (Mr.Anil Aggarwal) had boarded the auto rickshaw of the appellant from Old Delhi Railway Station to Ganesh Nagar, Pandav Nagar at about 4.30 a.m. on 4.3.2010. As soon as PW4 had sat down in the TSR three more boys who were standing nearby boarded the same TSR. One boy sat with the appellant at the driving seat and the two boys sat with the complainant. At about 5.15 am, when TSR reached near Gandhi Nagar pusta, one boy stopped the TSR to relieve himself. After answering the nature's call (urinating), the boy returned and took out a knife from black colour rexine bag kept in the TSR. The appellant also took out a knife from the same bag. The two boys who were sitting by the side of PW4 caught hold of him and they threaten to kill him. The mobile phone, the Titan wrist watch and wallet containing Rs.1000/-, driving license and other documents of PW4 were removed by those boys. Thereafter those boys pushed out PW4 from the TSR and fled away with the TSR. When PW4 was crying, one Alto car stopped near him and the occupants enquired about the reason of his crying and upon narration of the incident, all of them chased the TSR and after about half kilometre, the TSR was overtaken. PW4 also managed to note down the number of the TSR when he was pushed out of the TSR. As soon as the TSR was stopped at Shastri Park those boys ran away after alighting the TSR. The appellant was caught by the complainant and occupants of the car. They made a call to No.100 and PCR reached there. They were taken to PS Seelampur and after finding that the incident had taken place within the area of the PS Gandhi Nagar, the TSR along with the appellant was handed over to PS Gandhi Nagar.

(3.) The appellant during his arguments in his defence has not disputed this part of the incident. His plea is that he himself is the victim. On the point of knife he was made to drive the TSR by those boys who ran away as soon as the TSR was stopped. His plea is that he is innocent. This argument of the appellant has no merit in it.