Raju v. State

judgment.

V.K. JAIN, J JANUARY 15, 2010 BM/AG/BG

R-2J * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 96/2009 RAJU ..... Appellant Through: Mr. Mukesh Jain, Adv. versus STATE .... Respondent Through: Mr. O. P. Saxena, Adv. * CORAM: HON'BLE MR. JUSTICE V.K. JAIN 1. Whether the Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes : V.K. JAIN, J. (Oral) This is an appeal against the judgment dated 05th December, 2008 and Order of Sentence dated 12th December, 2008, whereby the appellant was convicted under Section 392 IPC read with 397/34 thereof and was sentenced to undergo RI for 7 years and to pay a fine of Rs.5000/- and in default of payment of fine to undergo simple imprisonment for three months. 2. The complainant Saravjeet Singh went to Police Station Paschim Vihar on 01.01.2005 and lodged FIR, stating therein, that on that day he was returning home in his car No. DL 9 CG-6789. When he was reached at the traffic light of T Point of Road No. 19/20 at about 12:30 a.m. and was waiting at the intersection, four boys came there. Two of them stood in front of his car, whereas the remaining two knocked at the window of his car. When the complainant pulled down the glass of the window, one of them put a knife on his neck and the other took out the keys of the car. When the complainant tried to remove the knife from his neck, he sustained injuries on his right hand and on his nose. The culprits then removed the two gold rings which the complainant was wearing and also snatched the mobile phone which he was carrying. 3. The prosecution examined 10 witnesses in support of its case. No witness was examined in defence. The complainant came in the witness box as PW-4 and stated that in the night intervening 31.12.2004 and 01.01.2005, he was going to his house from his office in his car No. DL 9 CG-6789. When he reached the traffic light of T Point of Road No. 19/20 at about 12:30 a.m. and was waiting at the intersection, four boys came there, two of whom stood in front of his car, whereas the remaining two knocked at the window and sought lift. When he pulled down the window glass one of them put a knife on his neck and the other took out the keys of the car. When the complainant tried to remove the knife from his neck, he sustained injuries on his right hand and head but those boys removed the two gold rings and also snatched the mobile phone. He identified the appellant Raju as one of those four boys and said that Raju was having knife with him and was asking the other associates to kill him. 4. PW-8 Ms. Sukhvinder Kaur, Presiding Officer, New Delhi Court has stated that on 05.05.2005, the appellant Raju refused to join the TIP before her in jail court, despite warning and caution that an adverse interference shall be drawn against him on account of his refusal to join the TIP. PW-9 Dr. V.K. Jha has proved the MLC of the complainant EX PW-9/A. One incise wound over palmar surface of right hand of the complainant was found when he was examined in the hospital. 5. In his statement recorded under Section 313 Cr.P.C. the appellant denied the allegation against him. He however admitted that he has refused to join the TIP before PW-8 Ms. Sukhvinder Kaur in Tihar Jail. According to him he had been shown to witnesses. 6. The testimony of PW-4 Sarabjit Singh Kalsi, which I see no reason to disbelieve and which finds corroboration from the injury sustained by him shows that four persons including the appellant robbed him of his two rings and mobile phone on 01.01.2005. He has identified the appellant during trial. During investigation the appellant refused to join TIP before PW-8 on the ground that he was shown to about 10, 15 persons in Police Station Punjabi Bagh, he was taken to the court in unmuffled face and his photographs were also taken. There is absolutely no evidence to prove that the appellant was shown to the complainant, Saravjeet Singh at any point of time.