( 1 ) THIS is an appeal against the judgment of the learned Additional Sessions Judge, dated 27-1-1981 and order dated 30-1-1981 by Which he convicted the appellant under Section 397 Indian Penal Code and sentenced him to imprisonment for seven years. I have heard the learned emicus curiae and the learned Additional Public Prosecutor and seen the record.

( 2 ). An FIR 348/79 dated 8-9-1979 was lodged by one Rajinder Kumar in the Chanakya Puri Police Station that during the night intervening 7th and 8th September, 1979 his three wheeler scooter DHR 9272 was hired by two persons from Chandni Chowk for Govindpuri at about 12-30 a. m. At Govindpuri they asked him to take them to Officers Flats on Sardar Patel Marg, where the two occupants at the point of knife snatched from him a wrist watch and Rs. 36. 00 and ran away with his scooter. After investigation the police found that the accused were Balak Ram and Sunil Kumar. What was the result of that case is not known. But a mention of these facts is necessary as these are relevant because the identification memos relating to the accused and the case property filed in this case have shown some sort of mixing up.

( 3 ). FIR