S.P. Garg, J.

1. The appellant-Mohd.Adil assails a judgment dated 19.08.2011 of learned Additional Sessions Judge in Sessions Case No.19/11 arising out of FIR No.262/2007 registered at Police Station Welcome by which he was convicted under Sections 392/397 IPC and 25 Arms Act. Allegations against the appellant were that he and his associate Gulfan @ Gukran (since acquitted) robbed complainant-Anand @ Sonu on 16.04.2007 at about 07.00 p.m. near metro station wall, Welcome of his mobile phone Tata Indicom at knife point. It appears that after investigation, a charge-sheet was submitted against Mohd. Adil and Gulfan @ Gukran. During the pendency of the trial Adil absconded and was declared Proclaimed Offender. The trial against Gulfan @ Gukran resulted in his acquittal. It is relevant to note that the State did not challenge Gulfan’s acquittal. After Adil’s arrest, a supplementary chargesheet was filed against him. The prosecution examined seven witnesses to establish his complicity in the crime. In 313 statement, the appellant denied his involvement in the crime and pleaded false implication. He examined DW-1 (Zameel Ahmed) and DW-2 (Wasim) in defence.

2. At the outset, it