Sunita Gupta, J.

1. Vide this common judgment, I shall dispose of three Criminal appeals bearing No.262/2013, 326/2013 and 638/2013 as all the appeals have been filed challenging the judgment dated 5th November, 2012 and order on sentence dated 7th November, 2012 passed by the learned Additional Sessions Judge in Sessions Case No.94/2011 arising out of FIR 208/2011 under Section 392/397/452/34 IPC registered with Police Station Vivek Vihar.

2. Prosecution case succinctly stated is as follows:-

On 12th July, 2011 at about 11:20 AM, accused Ritesh @ Pandey, Abdul Gani and Sunil came at the house of complainant at Jwala Nagar and took him inside the godown at ground floor of his house. Accused Abdul Gani caught him, accused Ritesh Pandey put revolver at him and accused Sunil took out Rs.3750/- and PAN Card from the pocket of the complainant. In the meanwhile, Satish s/o complainant reached outside the go-down and saw accused robbing his father and raised alarm. Accused Sunil @ Bablu managed to run away but accused Ritesh @ Pandey and Abdul Gani were apprehended by the complainant and his son with the help of public. They were beaten by the public. Police was informed who reached the spot. Accused Abdul Gani and Ritesh Pandey were handed over to the police. On the formal search of accused Abdul Gani, two live cartridges were recovered from the right pocket of his pant and on formal search of accused Ritesh @ Pandey, a country made revolver was recovered from his right dub. On the statement of the complainant, FIR under Section 452/392/397/34 IPC and under Section 27/54/59 of Arms Act was registered. During investigation, vide D.D. No.22-A dated 12th July, 2011, it was informed that accused Sunil @ Bablu was apprehended with illicit Gaanja and Rs.3550/-and PAN Card of complainant were recovered from his possession. He was arrested in this case. After completing investigation, charge sheet was submitted against the accused persons.

3. After the case was committed to the Court of Sessions, charge under Section 452/392/34 IPC r/w Section 397 IPC was framed against all the accused. Separate charge under Section 25/54/59 Arms Act against accused Abdul Gani, u/s 25/27/54/59 Arms Act against accused Ritesh @ Pandey and under Section 411 IPC against accused Sunil @ Bablu were framed.

4. In order to substantiate its case, prosecution examined 9 witnesses. All the incriminating evidence was put to the accused persons while recording their statement under Section 313 Cr. P.C. wherein they denied the case of prosecution and alleged their false implication.

5. According to accused Ritesh, he was lifted from DLF, Bhopura, Sahibabad and was brought to police Station Vivek Vihar. Accused Abdul Gani and Sunil were already present in the police station. He was severely beaten by the police both at the police station as well as at the spot of alleged occurrence. Accused Abdul Gani also pleaded that he was not present at the spot. Nothing was recovered from his possession and the same was planted upon him by the police to falsely implicate him in this case. Accused Sunil took a plea that on 11th July, 2011, he had gone to Court No. 27 for filing an application for release of his jamatalashi. Some police officials in plain clothes, who were known to him as they had involved him in previous case also, took him at the gate of the Court where police gypsy was parked. He was put into the gypsy and was assured that he would be released in five minutes. Thereafter, he was taken to the police station and was beaten up and was told that his mother has lodged a complaint against them, therefore, she should be asked to withdraw the same. He agreed. Still he was beaten up and his signatures were taken on plain papers. He was abused in police station and got medically examined and then falsely implicated in this case.

6. In support of his defence, he examined DW-1 Sanjeev who was running a photo studio on the ground floor of his house at Gali No.6,