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2014 Supreme(Del) 490
High Court of Delhi
THE HONOURABLE MR. JUSTICE V.K. JAIN
Bijender @ Naushad
Versus
State
CRL.A. No. 414 of 2013
Decided On : 13-02-2014
Advocate Appeared:
For the Appellant:Nandita Rao, Advocate.
For the Respondent: Feroz Khan Ghazi, APP.
The main legal point established is the use of a deadly weapon in committing robbery and the consequences of failure to appear in court despite a proclamation being issued.
Headnote:
Robbery - Criminal Law - IPC 454, 392, 397, 174A
Fact of the Case:
The appellant was convicted for robbery and theft of jewellery from a house. The complainant and her sister identified the appellant as the person standing outside their house with an iron rod. The appellant denied the allegations and claimed to be under the influence of drugs at the time of the incident.
Finding of the Court:
The court found the appellant guilty of robbery and theft based on the identification by the witnesses and the use of a deadly weapon. The court also convicted the appellant under Section 174A of IPC for failure to appear in court despite a proclamation being issued against him.
Issues: Identification of the appellant, use of a deadly weapon, and failure to appear in court.
Ratio Decidendi: The court relied on witness identification, the definition of robbery under Section 390 of IPC, and the use of a deadly weapon as per legal precedents.
Final Decision: The court upheld the appellant's conviction for robbery, theft, and failure to appear in court, and affirmed the sentences imposed.
V.K. Jain, J.
1. On 18.04.2008, an intimation was received by Police Control Room that two boys had come near Babu Ram School to commit dacoity, one of them had managed to escape firing a shot, whereas the other had been apprehended. On receipt of the said information, SI Rajpal Sharma of Police Station Farsh Bazar reached the House No. 449/1, Gali No. 3, Bhola Nath Nagar, Shahdara and found crowd gathered there. The complainant Shweta who was present on the spot, met him there and her statement Ex. PW-5/A was recorded by the police officer. In her statement Shweta stated that she was living in House No. 449/1, Gali No. 3, Bhola Nath Nagar Shweta along with her younger sister Alka and her brother Lalit, her mother having gone to Shimla, where her father was posted at that time. Her elder brother Lalit at that time had gone to his house. At about 4.30 PM, she along with her younger sister Alka went to Teliwada for shopping, after locking the door of the house and taking keys with her. When they returned at about5.15 PM, she found the door open and one person with white spots on his face standing outside the house. At that very time, another person came out of the house. When she enquired from them as to who they were, the person with white spots threatened her with an iron rod which he was carrying. The said iron rod was sharp on both its ends. On the complainant receiving alarm, both the persons started running. The complainant, her cousin Pawan and some neighbours however chased them. The man with white spots fell down and was apprehended, whereas the other person managed to escape, firing a shot in the air. On returning to the house and checking, the complainant found some articles of jewellery, detailed in the complaint missing from their house. The appellant before this Court is the person who was handed over to the police officer when he reached the spot.
2. Vide the impugned judgment dated 17.12.2012, the appellant was convicted under Section 454 of IPC read with Section 34 thereof as well as under Section 392 of the said Code read with Section 397 thereof. The appellant was also convicted under Section 174A of IPC. The appellant was sentenced to undergo RI for five years and to pay a fine of Rs.5,000/- or to undergo RI for a period of six months in default under Section 454/34 of IPC; RI for seven years and to pay a fine of Rs.5,000/- or to undergo RI for six months under Section 392/397 of the IPC; and RI for two years under Section 174A of IPC. Being aggrieved from his conviction and sentence awarded to him, the appellant is before this Court.
3. The complainant came in the witness box as PW-5 and stated that on 18.04.2008, when she returned from the market along with her younger sister, she found the lock on the door missing and the door was lying opened. A person with whitish spots on his face was standing outside the house with an iron rod in his hand. The iron rod had pointed ends on both the ends. She noticed another person coming out from the house and when she asked the person having whitish marks on his face about his identity, he asked her to keep quiet and pushed her. Her sister Alka raised alarm, whereupon both of them started running away. Her cousin Pawan, uncle Rajender Kumar and some neighbours chased those persons. The person with whitish marks on the face fell down and was over-powered and beaten, whereas the other person managed to run awar, while firing in the air. The person who was over-powered and apprehended on the spot was handed over to the police. On checking, the almirah it was found that the jewellery of her mother comprising gold necklace, four gold bangles, two big gold karas, one Mangalsutra, four gold rings, three pair of gold tops of her mother, one pair of gold tops belonging to her, silver bichuas and four pair of silver pajebs were missing. Initially, she stated that she cannot identify the person who was apprehended on the spot, but when she was cross-examined by the learned
