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2013 Supreme(Del) 1920

S.P.GARG
Imran – Appellant
Versus
State NCT of Delhi – Respondent


Advocates:
For the Appellant :Mr.Chetan Lokur, Advocate.
For the Respondent: Ms.Fizani Husain, APP. Insp.Bishwajit Kumar, PS Sarai Rohilla.

JUDGMENT :

S.P.Garg, J.

1. The appellant- Imran impugns judgment dated 10.02.2011 and order on sentence dated 19.02.2011 in Sessions Case No.19/2010 arising out of FIR No. 580/2004 PS Sarai Rohilla by which he was convicted for committing offences punishable under Sections 395/397 IPC and sentenced to undergo RI for seven years with total fine Rs. 2,000/-.

2. Daily Diary (DD) No.20A (Ex.PW-4/A) was recorded at PS Sarai Rohilla on 22.10.2004 at 19.32 hours, on getting information of dacoity at house No.A-175, Shashtri Nagar, Delhi. The investigation was assigned to SI Rajender Singh Khatri who with Const.Devender Kumar reached the spot. Complainant-Kamlesh disclosed in her statement (Ex.PW-2/A) that at 06.30 P.M. when she was present at first floor, four assailants came inside the house. They tied her hands with a saree. The assailants were armed with desi kattas and knife. They robbed Rs. 2.5 lacs from the wooden almirah. They also snatched her gold bangles, rings and Tulsi Mala. SI Rajender Singh Khatri lodged First Information Report. The investigation was taken over by SI Arvind Pratap Singh on 07.11.2004. Efforts were made to find out the assailants but in vain.

3. On 23.11.2004, o









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