MOOL CHAND GARG,J

1. This order shall dispose of the aforesaid appeal filed against the judgment of conviction and order of sentence dated 16.04.2009 passed by the Additional Sessions Judge, Delhi in S.C. No. 303/2006 arising out of FIR No. 96/2006 under Sections 392/397 IPC r/w Sections 27/54/59 of the Arms Act registered at P.S. Shalimar Bagh. By the impugned judgment, the appellant has been held guilty for the offence under Section 392 r/w Section 397 IPC and vide order of sentence he has been sentenced to undergo R.I for 7 years and also to pay a fine of Rs.200/- and in default of payment of fine to further undergo S.I. for 7 days under Section 397 IPC. No separate punishment was awarded to the appellant under section 392 IPC. Benefit of Section 428 of Cr.P.C. has also been extended to the appellant. 2. Briefly stating, the facts of this case are that on 11.02.2006 complainant, Manoj Kumar (PW3), was going to Wazir Pur on Motor Cycle No. DL 8SW 9666 via Fatak No. 7, Kela Godown Road carrying Rs.35000/- in a black colour bag. He also had some money in his pocket. At about 8.30 pm when he reached near Kela Godown and got down from the motor cycle to urinate, three boys ca