The burden of proof lies with the prosecution to establish the essential elements of the offence beyond reasonable doubt, and the court's decision is based on the evaluation of evidence and the application of relevant legal provisions.

1. Convicted for offence punishable under Sections 395/34 IPC Vicky and Harish @ Zahar challenge the impugned judgment dated 10th May, 2016 and the order on sentence dated 16th May, 2016 directing them to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.20,000/- each.

2. Assailing the conviction, Learned Counsel for Vicky submits that there is contradiction in the examination-in-chief and cross examination of PW-7 Pawan Bishnoi. He stated that he saw the accused persons for the first time in PS Ashok Vihar on 30th August, 2014 in morning hours. He belied the time of arrest as it was shown as 7:30 P.M. on 30th August, 2014 in the arrest memo. No public witness was associated at the time of arrest though the area wherefrom Vicky was allegedly arrested is a crowded area. Vicky and Harish were forcibly removed from their respective houses and falsely implicated. The MLC does not specify the probable time of injury. Further as per the opinion of the doctor injury could be by fall as well. Alternatively, it is prayed that the appellants be released on the period already undergone.

3. Learned Counsel for Harish @ Zahar submits that the offence punishable under Section 395 IPC is not made out as the prosecution has failed to prove that there were five persons. In the FIR presence of 4-5 persons is mentioned. Onus was on the prosecution to prove that five or more persons were involved in the alleged offence. Thus, benefit of doubt be granted to the appellants. There are material improvements in the testimony of Pawan Bishnoi with respect to the amount of money and description of the accused persons. Harish did not refuse to undergo test identification parade. The alleged recovery from Harish and his identification are doubtful.

4. Learned APP for the State on the other hand submits that Vicky had refused to undergo test identification parade. Further, the phone recovered belonged to the complainant which fact has been proved. Pawan Bishnoi in his deposition specifies the role of Vicky and Harish and states that they were accompanied by three other persons. Thus, offence under Section 395 IPC has been proved beyond reasonable doubt by the prosecution.

5. Process of law was set into motion on 29th August, 2014 when a PCR call was received at about 10:56 P.M. from a mobile number 9868146726 stating that "lekhram park, quarter police colony, Ashok Vihar, 7-8 Paidal Ladke, chain purse aur phone chhin kar le gaye". On receipt of DD No. 35A, PW-3 Ct. Mahesh along with PW-10 SI Sandeep reached the place of incident where they got to know that the injured had been taken to BJRM Hospital. PW-10 SI Sandeep recorded the statement of the injured Pawan, who stated that on 29th August, 2014 around 10:45 P.M., his friend Mukesh dropped him in front of the Gurudwara near Lekh Ram Park. When he was going home through the park, 4-5 boys came and surrounded him. Those boys asked him to hand over his chain to them. When he refused, all of them started beating him, took the helmet from his hand and also beat him with his helmet. Thereafter, they snatched his chain and the wallet which contained his voter ID card, 2 ATM cards, metro card, Rs.7000-8000/- and his mobile phone of make OBI S520 having numbers 9891300029 and 9599600029. On the basis of the statement of Pawan Bishnoi exhibited as Ex.PW-7/A, FIR No. 523/2014 was registered under Sections 394/34 IPC at PS Ashok Vihar. On 30th August, 2014, Vicky, Harish @ Zahar, ‘R’ and ‘A’ were apprehended at the instance of secret informer. One mobile phone of OBI make was recovered from Vicky. Vicky and Harish @ Zahar were charge-sheeted. Qua ‘R’ and ‘A’ who were found to be juveniles, inquiry was conducted by the Juvenile Justice Board.

6. PW-7 Pawan Bishnoi deposed in Court in sync with his statement made before the police. He stated that Harish had caught hold of his neck and Vicky robbed his mobile phone. The other accused who was not present in the Court had snatched his