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2016 Supreme(Del) 2174
IN THE HIGH COURT OF DELHI AT NEW DELHI
Mukta Gupta, J.
Seikh Isarat - Appellant
Versus
State - Respondent
Crl.A. 550/2015 & 765/2015
Decided On : 02-06-2016
Advocate Appeared:
Mr. Kumar Vaibhav, Mohd. Faraz, Advs.
Mr. Ravi Nayak, APP with SI Mahesh PS S.B. Dairy
The conviction can be based on witness testimonies, and discrepancies in witness statements must be confronted with their previous statements to be used by the appellants.
Headnote:
Conviction - Robbery - IPC 457/34, 392/34, 342/34, 397, 411 - Arms Act 25 - The court discussed the contradictions in witness statements, the identification of the accused, and the timing of the arrest memos. The conviction was based on the testimonies of the complainant and the police witnesses who made the arrest and recovered the stolen articles immediately after the incident.
Fact of the Case:
The appellants were convicted for various offences including robbery at a temple. The witnesses' statements had contradictions and improvements, and there were discrepancies in the timing of the arrest memos.
Finding of the Court:
The court found that the prosecution had proved the offences beyond reasonable doubt based on the testimonies of the complainant and the police witnesses. The discrepancies in the witness statements were not confronted with their previous statements, and thus could not be used by the appellants.
Issues: Contradictions in witness statements, discrepancies in timing of arrest memos, identification of the accused.
Ratio Decidendi: The court held that the conviction could be sustained based on the testimonies of the complainant and the police witnesses, and the discrepancies in the witness statements could not be used by the appellants as they were not confronted with their previous statements.
Final Decision: The appeals were dismissed, and the appellants were to undergo the remaining sentence.
Mukta Gupta, J.
1. Seikh Isarat and Seikh Mujiba @ Jalil have been convicted for offences punishable under Sections 457/34, 392/34 and 342/34 besides Sections 397 and 411 IPC; Seikh Isarat has also been held guilty for offence punishable under Section 25 Arms Act. Vide the order on sentence dated February 28, 2015 the appellants have been directed to undergo rigorous imprisonment for a period of 7 years for offence punishable under Section 392 read with 397 IPC and to pay a fine of Rs. 5000/- each, simple imprisonment for a period of 3 years for offence punishable under Section 457/34 IPC and a fine of Rs. 5000/- each, simple imprisonment for a period of 6 months for offence punishable under Section 342/34 IPC and simple imprisonment for a period of 2 years for offence punishable under Section 411 IPC. Seikh Isarat has also been directed to undergo simple imprisonment for a period of 1 year for offence punishable under Section 25 Arms Act.
2. Process of law was set into motion on receipt of DD No. 6B at 12.40 AM on December 22, 2011 at PS Shahbad Dairy informing that thieves have entered Iskon Temple near Engineering College, Sector 25, Rohini. SI Arun Kumar reached the spot where he recorded the statement of Bimlesh Kumar Jha on the basis of which FIR No. 405/2011 under Sections 392/397/34 IPC was registered at PS Shahbad Dairy.
3. Bimlesh Kumar Jha stated that he was residing with his family at B-286, Baljeet Vihar, Nithari and was a permanent resident of Nepal. For the last 9 months he was working as Chowkidar at Iskon Temple, Rohini. On December 21, 2011 he was on night duty from 8.00 PM to 8.00 AM. At around 12.10 AM while he was taking the round of mandir, suddenly two persons jumped the main gate and entered the mandir. They kept a knife on his neck where after two more persons entered the mandir. One person latched the bolt of the door of the room in which President Keshav Murari and Brahmchari Nand were sleeping. Thereafter the four of them went to the room where idols were kept and threatened him to keep quite or else he would be killed. One person broke the lock of the gate and three of them entered inside and took out four idols and donation box. In the meantime, one man continued standing with a knife on his neck. Thereafter, the person who has kept knife on his neck snatched the key of the lock on the main gate, opened the main gate and all of them ran away with the articles. Bimlesh Kumar Jha ran and opened the door of the room of President Keshav Murari and Brahmchari Nand where after Keshav Murari rang up 100 number. The person who had kept knife on his neck was aged 35-40 years, one was around 18-20 years of short height, stout built and the other two aged 40-42 years and thin built. All four of them after entering the temple by showing knife had looted the idols and donation box.
4. SI Arun Kumar with Const.Ashok and complainant Bimlesh Kumar made search of the accused when near Ganda Nala of Sector 24, Rohini it was informed that thieves who looted the idols and money from Iskon Temple were sitting in a park nearby. When they reached the place at about 3.45 PM; on the identification of Bimlesh Kumar Jha two persons were apprehended whose names were revealed as Seikh Isarat who had put knife on the neck of Bimlesh at the time of committing robbery from whose formal search one button-dar knife was recovered and the other person was carrying one blue colour bag which contained coins amounting to Rs. 4340.25. The other accused revealed his name as Seikh Mujiba @ Jalil. The bag contained three metal idols of God Prabhu Pat, Narsingh and Goddess Laxmi which were identified by the complainant. Both the accused led to the corner of the park and from under the bushes got recovered the donation box looted from Iskon Temple by them. Incriminating articles were sealed, memos prepared along with disclosure statements and the two were formally arrested.
5. Learned counsel for appellant Seikh Isarat contends that the
