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2016 Supreme(Del) 4364

S.P.GARG
Shahrukh @ Salman @ Mota – Appellant
Versus
State (Govt. of NCT) Delhi – Respondent


Advocates Appeared:
For the Respondent: Ms. Meenakshi Dahiya

JUDGMENT :

S.P. Garg, J.

1. Aggrieved by a judgment dated 16.05.2015 of learned Addl. Sessions Judge in Sessions Case No. 62/2014 arising out of FIR No. 240/11 PS Seelampur whereby the appellant-Shahrukh @ Salman @ Mota was held guilty for committing offences punishable under Sections 392/411 IPC, the instant appeal has been preferred by him. By an order dated 18.05.2015, he was sentenced to undergo RI for five years with fine Rs.2,000/- under Section 392 IPC and RI for three years with fine of Rs.1,000/- under Section 411 IPC. Both the sentences were to operate concurrently.

2. Briefly stated, the prosecution case as reflected in the charge-sheet was that on 02.07.2011 at around 9.45 P.M. at G.T. Road, near Dharampura Red Light, the appellant along with his associate – Rocky, who could not be arrested, sharing common intention with him, robbed the complainant – Javed Ahmed of his mobile phone make Nokia 5130 and a purse containing Rs.5,000/-, PNB ATM card and Metro Smart card at knife point. Information was conveyed to the police and Daily Diary (DD) No.30A (Mark PA) came into existence at 09.45 p.m. The Investigating Officer after recording victim’s statement (Ex. PW-1/A) lodged Fir











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