V.K. Jain, J. (Oral)

1. On 17.01.2009, at about 8.25 PM, Police Station Mansarovar Park was informed of a robber having been caught red handed near water overhead tank, Railway Station Street, Shri Ram Nagar. The information was recorded vide DD No. 38A, copy of which was given to ASI Pawan Singh of the aforesaid Police Station for investigation. When the police officer reached the spot, Head Constable Parmod Kumar and Constable Manoj Kumar produced the appellant Imran, alongwith a buttondar knife and the stolen earrings. The complainant Jyoti was also present on the spot along with her husband. The statement of the complainant was recorded by the police officer. She, inter alia, told him that on the aforesaid date, at about 7.30 PM, she along with her husband got down from an auto rickshaw near the water tank and thereafter both of them proceeded through the street adjoining water tank. They claimed that there was darkness in the street at that time. After they had walked a little bit in the street, a boy all of a sudden came in front of them, took out a knife and threatened to kill her, unless she parted with her earrings. When she objected to it, the aforesaid person fo