The main legal point established in the judgment is the requirement for credible and consistent evidence to establish an individual's culpability for alleged criminal offences.

JUDGMENT :

1. The appellant, vide the present appeal assails the impugned judgment dated 27.02.2020 and the impugned order on sentence dated 02.03.2020 of the learned District & Sessions Judge (North-East), KKD Courts, Delhi whereby the appellant having been convicted qua the offences punishable under Sections 392/397/34 of the Indian Penal Code, 1860 was sentenced to undergo Rigorous Imprisonment for a period of 3 years and to pay a fine of Rs.5,000/- and in default of the payment of the said fine, to further undergo Simple Imprisonment for a period of 2 (two) months qua the offence punishable under Section 392/34 of the Indian Penal Code, 1860 and was also sentenced to undergo Rigorous Imprisonment for a period of 7 (seven) years and to pay a fine of Rs.5,000/- and in default of payment of the said fine, to further undergo Simple Imprisonment for a period of 2 (two) months qua the offence punishable under Section 397 of the Indian Penal Code, 1860 with both the sentences having been directed to run concurrently with the benefit of Section 428 of the Cr.P.C., 1973 having been given to the appellant as well as to the co-convict Mohd. Shahzad who was convicted and sentenced to undergo Rigorous Imprisonment for a period of 3 (three) years and to pay a fine of Rs.5,000/- and in default of payment of the said fine, to further undergo Simple Imprisonment for a period of 2 (two) months qua the offence punishable under Section 392/34 of the Indian Penal Code, 1860 with only the appellant herein namely Kamran having been convicted qua the offence punishable under Section 397 of the Indian Penal Code, 1860.

2. Along with the appeal, was CRL.M.A.13800/2020 filed on behalf of the appellant seeking condonation of 140 days delay in institution of the appeal which vide order dated 07.10.2020 was allowed and the said delay was condoned.

3. CRL.M.(BAIL)8134/2020 filed on behalf of the appellant seeking suspension of sentence during pendency of the appeal was declined vide order dated 23.11.2020.

4. The Trial Court Record was requisitioned and has been received and perused.

5. Written submissions on behalf of the appellant have been submitted by the learned counsel for the appellant deputed by the Delhi High Court Legal Services Committee and oral submissions on behalf of the appellant and on behalf of the State have been addressed.

6. The charges framed against the appellant and the co-accused since convicted Mohd.Shahzad vide order dated 01.08.2018 of the learned Trial Court were to the effect that on 28.04.2018 at about 2.00 am at the Main 66 Foota Road near Kardampuri Puliya, Delhi within the jurisdiction of PS Bhajanpura, both the appellant and the co-convict in furtherance of their common intention robbed a mobile phone Xolo of black colour and cash amounting to Rs.4,000/- from the complainant Golu and had committed an offence punishable under Sections 392/34 of the Indian Penal Code, 1860 and that the appellant herein Kamran whilst committing the said robbery had used an ustara and had thus committed an offence punishable under Section 397 of the Indian Penal Code, 1860.

7. The State produced 11 witnesses in support of the prosecution version i.e. PW-1 Dr.Shalabh Dass, PW-2 Shakir, PW-3 Golu, PW-4 ASI Yashvir Singh, PW-5 W.Ct.Anju, PW-6 Ct.Neeraj, PW-7 Ct.Pritam, PW-8 Ct.Rahul, PW-9 ASI Ravinder, PW-10 ASI Attar Singh and PW-11 W.Ct. Payal and the appellant herein produced two defence witness i.e. DW-1 Sh.Aamir Khan and DW-2 Mohd. Farhan.

8. The complainant, Golu examined as PW-3 in his testimony before the learned Trial Court deposed that on 28.04.2018 at about 2.00 am, he was going to Jowhripur from Seelampur in a TSR being driven by PW-2 Shakir and in the said TSR, one co-passenger was also sitting and that PW-3 had boarded the TSR from Seelampur and when they reached near the Kardampuri Puliya, then both the accused persons i.e. the appellant herein and the co-convict came there and got the TSR stopped and sat into the TSR from both sides a