IMPORTANT POINT
If the Investigation Officer fails to record the statements of his subordinate police officer under Section 161 Criminal Procedure Code and only obtains carbon copies of their statements; conviction based on such testimony is liable to be quashed.

JUDGMENT

Jagdish Chandra, J - Appellant Ishpal Singh @ Ishwar was convicted under Section 411 Indian Penal Code in case F.I.R. No. 219 of 1981 of Police Station Mehrauli by Shri J. D. Kapoor, Additional Sessions Judge, New Delhi vide his judgment dated 76-10-1983 and was sentenced to undergo R.I. for a period of six months and also to pay a fine in the sum of Rs. 200/- and in default of payment of fine to undergo further RI. for two months vide order dated 27-10.1983 and both these orders of conviction and sentence have been assailed in this appeal.

2. The appellant as also one other person named Rohtas Singh had been committed to the court of session for trial for the offences punishable under Section 392 read with Section 34 and Section 397 Indian Penal Code. Accused Rohtas Singh was discharged by the court of session while appellant was charged for the offence punishable under Section 397 Indian Penal Code for having committed robbery of a two-wheeler scooter and a purse containing a cash amount of Rs. 25/- belonging to one Satish Kumar, at the point of knife.

3. The case of the prosecution, stated in brief, is that on 31-7-198l at about 8-45 P.M. Satish Kumar was going on a two-wheeler scooter belonging to his brother Naresh Kumar towards Mehrauli and when he was between Saidlajab and Lade Sarai on a pulia, three persons coming on a two-wheeler scooter from behind struck against his scooter as a result of which Satish Kumar fell down on the ground along with his scooter.

4. The registration number of the scooter had not been assigned which had, however, a plate of "applied for" on it. One of the above mentioned three persons took out a knife and demanded what ever Satish Kumar had with him at the point of knife and removed one purse from the pant he was wearing which contained a cash amount of Rs. 25/- and certain documents and robbed him of the same along with his scooter and all of them sped away. Satish Kumar then went to P.S. Mehrauli and lodged a report there regarding the said occurrence as also the descriptive details of all the three culprits.

5. The prosecution story further goes on to allege that subsequently on 19-8.1981 the police of P.S. Badarpur was present in front of Rest House Badarpur on Mathura Road at about 11.00 A.M. when a secret information was received by the S.H.O. of the said Police Station that four persons would be coming from the side of Faridabad on scooters and motor-cycles with arms and ammunition. Soon after all the four persons who were on motor-cycles and scooters were stopped by the police by pulling down the barrier. Appellant Ishpal was coming on a scooter and was apprehended by A.S.I. Ranbir Singh of P.S. Badarpur and on his personal search one gararidar knife was recovered from the pocket of his pants wrapped in a piece of cloth. The appellant, on enquiry, was unable to produce any document regarding the ownership of the scooter on which he was found riding and which was not bearing any registration number but was simply bearing a plate of "applied for" and consequently that scooter was also taken into possession as a suspected property and a recovery memo in respect of the same was also prepared there and then by A.S.I. Ranbir Singh and attested by the police officials A.S.I. Ganga Sahai and constable Vijay Pal Singh of P.S. Ba1arpur.

6. On that very day, i.e. 19-8-1981 an information was received at about 10.00 P.M. from P.S. Badarpur by S.I. Inder, Singh of P.S. Mehrauli that accused Ishpal and Rohtas had been arrested by the police of Badarpur and were detained there at the P.S. Badarpur and that one scooter pertaining to aforesaid case F.I.R. 219 of 1981 of P.S. Mehrauli had been recovered from Ishpal. S.I. Inder Singh thereupon reached P.S. Badarpur on the following day, i e. 20-8-1981 where A.S.I. Ranbir Singh met him and produced accused Ishpal and Rohtas before him and where S.I. Inder Singh collected the car bon copies of the disclosure statements of Ishpal and Rohtas as w