S.P. Garg, J. (Oral)

1. Mohd.Rafiq (the appellant) was convicted by a judgment dated 17.12.2011 in Sessions Case No.21/11 arising out of FIR No.11/11 registered at Police Station NDRS for committing offence under Section 392/397 IPC and was awarded rigorous imprisonment for seven years with fine Rs.10,000/-.

2. Allegations against the appellant were that on 16.01.2011 at around 10.00 a.m. at NDRS, he robbed the complainant- Naushad Ali of his mobile using a sharp weapon. After the complainant raised an alarm, ‘Chor Chor’, the appellant was apprehended by police officials on patrolling duty. The mobile phone and the sharp weapon was recovered from the accused. The Investigating Officer lodged First Information Report after recording complainant’s statement (Ex.PW-2/A). After completion of investigation, a charge-sheet was submitted in the court, the accused was duly charged and brought to trial. The trial resulted in his conviction as aforesaid.

3. During the course of arguments, appellant’s counsel confined his arguments to challenge conviction under Section 392 with the aid of Section 397 IPC. It was argued that the prosecution was unable to establish beyond doubt that the