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2022 Supreme(Del) 22

MUKTA GUPTA
Asif – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Kunal Malhotra, Mr. Ravinder Gaur.
For the Respondents: Mr. Amit Gupta, G.R. Meena.

JUDGMENT :

MUKTA GUPTA, J.

1. By this appeal, the appellant challenges the judgment dated 5th July, 2019 convicting the appellant for offence punishable under Section 397 IPC and the order on sentence dated 17th July, 2019 directing him to undergo sentence of seven years imprisonment.

2. Learned counsel for the appellant assailing the conviction contends that the learned Trial Court failed to notice glaring contradictions in the testimonies of PW-1, PW-2 and PW-4 who gave altogether different versions in respect of the manner of commission of alleged robbery and the investigation carried out by the police qua the three witnesses. Admittedly, Mohd. Ibrahim (PW-1) is not an eye-witness as he himself admitted in his testimony that he was walking ahead of PW-2 and PW-4. He further stated that his statement was never recorded by the police during the investigation either at the spot or thereafter. Testimony of PW-2 does not inspire confidence and his version is not corroborated by PW-1, PW-4 and PW-8. As per rukka, PW-2 alleged that both the SIM cards were taken out by the accused from his mobile phone and returned back to him, however, in his testimony before the Court, he is silent about

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