JUDGMENT :

The hearing has been conducted through video conferencing.

1. The present appeal has been filed by the appellant to set aside the judgment of conviction and order on sentence dated 19.03.2018 passed by learned ASJ, East District, Karkardooma Courts, Delhi in SC No.2316/2016 pertaining to FIR No.624/2016, for the offences punishable under Section 392 IPC read with Section 397 IPC, registered at Police Station Shakarpur, Delhi and to acquit the appellant.

2. The case of prosecution is that on 09.06.2016 at about 9.30 am, during emergency duty, ASI Anand Kumar was assigned DD No.9A, who along with Ct. Dinesh reached just ahead of Metro line at Yamuna Bank Railway Line, near Pole No. 1/28, Shakarpur, Delhi, and in the way, he met complainant Anil Kumar, and with him, they walked towards the said spot, and the ASI Anand Kumar recorded statement of complainant who stated that he was working in a Security Office, at S-559, School Block, Shakarpur and on 09.06.2016, he was coming from Hapur to Delhi by a train and at about 8.00 am when train reached ahead of Metro Line at Yamuna Bank, Shakarpur, it stopped as no signal was received. Since his office was near to the said place, he g