ANU MALHOTRA
Rahis – Appellant
Versus
State – Respondent
JUDGMENT
Anu Malhotra, J.
1. The appellants namely Rahis, the appellant of CRL.A. 344/2020, Javed, the appellant of CRL.A. 567/2020 and Jakir @ Chuhi, the appellant of CRL.A. 568/2020 assail the impugned judgment dated 22.02.2020 and the impugned order on sentence dated 28.02.2020 of the Court of the learned ASJ-02, E-Court, Shahdara, KKD, Delhi in relation to FIR No.244/16, PS Welcome registered under Sections 392/397/411/34 of the Indian Penal Code, 1860 qua which the three appellants were held guilty and convicted for the offence punishable under Sections 392/34 of the Indian Penal Code, 1860 read with Section 397 of the Indian Penal Code, 1860 and vide the impugned order on sentence dated 28.02.2020 were all sentenced to RI for a period of seven (7) years under Sections 392/34 r/w Section 397 of the Indian Penal Code, 1860 and to pay a fine of Rs.5,000/- each and in default of the payment of the said fine to further undergo SI for a period of three months with the benefit of Section 428 of the Cr.P.C. having been given to all the convicts. In as much as all the appeals arise out of the same impugned common judgment dated 22.02.2020 and impugned order on sentence dated 28.02.20
The testimonies of the prosecution witnesses are consistent in relation to all material particulars and there exists no ground whatsoever for the modification of the impugned judgment dated 22.02.202....
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.
The prosecution failed to prove the use of a deadly weapon during the commission of robbery, leading to the court's ruling to overturn the conviction.
Recovery of the weapon of offence is not a sine qua non for convicting an accused. Albeit under Sections 302/34 IPC, the Court in this case also opined that it was not possible to reject the ocular e....
Use of weapon to constitute offence under Section 397 IPC does not require that ‘offender’ should actually fire from firearm or actually stab if it is a knife or a dagger but mere exhibition of same,....
The judgment establishes the importance of eyewitness testimony and the requirement of proving common intention under Sec. 34 of IPC. It also emphasizes the need for clear evidence to establish the g....
The main legal point established in the judgment is the reliance on eyewitness testimony, recovery of weapons and stolen property, and the application of legal principles related to murder, robbery, ....
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