JUDGMENT :

SURYA KANT, J.

1. The present criminal appeal, which has been heard through video conferencing, is at the instance of Mohd. Anwar who impugns the judgment dated 22.02.2010 of the High Court of Delhi whereby his appeal against a judgment dated 27/29.04.2004 of the Additional Sessions Judge, Karkardooma, convicting and sentencing him under Section 394 of the Indian Penal Code, 1860 (“IPC”) and Section 25 of the Arms Act 1959, was turned down.

FACTS & CASE HISTORY

2. The case of the prosecution is that the victim-complainant, Tabban Khan (PW-1), was riding his motorcycle on the main road near Shahdara around 11:30 PM on 17.05.2001, when he stopped to ease himself near a fishpond. Suddenly, three boys (including the appellant) caught hold of him and started assaulting him. They were armed with a knife and revolver. Upon extortion, the complainant handed over a bundle of five-hundred rupees notes totalling around thirty thousand (Rs. 30,000) to the boys, who then contemplated murdering him by stabbing, so that he would not report the matter to the police. Hearing commotion of passers-by, the three boys left the complainant and ran towards a warehouse. The complainant then returne