Sunita Gupta, J.

1. The short point for consideration in the present appeal is whether offence u/s 397 IPC is made out or not, in as much as learned counsel for the appellant has not challenged the conviction of the appellant for offence u/s 392/394 IPC.

2. The prosecution case emanates from the fact that on 06.12.2008 at about 05.45 p.m at Gidwani Road, behind Moolchand Park, Adarsh Nagar, three boys armed with knives came and met the complainant Dhananjay. One of them inflicted knife injury on his right hand while two other boys snatched away Rs.10,000/- from his pocket and fled away. On 31.12.2008, accused Ashraf @ Arif was arrested in case FIR No.323/08 u/s 25/54/59 Arms Act and made a disclosure statement pertaining to this case. He was arrested. He pointed out the place of occurrence but refused to take part in Test Identification Proceedings (TIP). During investigation, complainant identified the accused in Court. Co-accused could not be arrested. On completion of investigation, charge sheet u/s 392/394/397/34 IPC was submitted in the Court. The accused pleaded not guilty to the charge and claimed trial.

3. In order to substantiate its case, prosecution examined ten