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2023 Supreme(Del) 3780

SWARANA KANTA SHARMA
Faimud – Appellant
Versus
State (Nct) of Delhi – Respondent


Advocates appeared:
Mr. Sumeet Verma (Amicus Curiae) with Mr. Mahinder Pratap singh and Mr. Vinay Kumar, Advocates, Appellant.
Mr. Satish Kumar, APP, for State with SI Mayank Istwal, PS Kalyanpuri.

JUDGMENT

Swarana Kanta Sharma, J.

1. By way of present appeal under Section 374(2) of the Code of Criminal Procedure, 1973, the appellant impugns judgment dated 12.12.2007 and order on point of sentence dated 13.12.2007 vide which the appellant has been convicted and sentenced for committing offences punishable under Section 392/397 of Indian Penal Code, 1860 ('IPC').

2. Briefly stated, the facts of the present case are that an information was received at P.S. Kalyan Puri, Delhi, that a thief had been apprehended in A-Block, near Balmiki Mandir, Trilok Puri, Delhi, after which the concerned police official had arrived at the site of incident, where one Subhash Kumar and Ram Singh had detained the accused/appellant Faimud, alongwith a purse and a buttondar knife which they had recovered from the accused. The accused alongwith the said purse and knife had then been handed over to the concerned police official. The complainant Subhash Kumar's statement was recorded, who stated that while he was enroute the market to purchase goods and had reached near Aggarwal Sweet House, the accused had pointed a knife at him, threatening to kill him if he raised an alarm, after which, the accused

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