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2023 Supreme(Del) 5720

SUDHIR KUMAR JAIN
State of NCT of Delhi – Appellant
Versus
Tarvinder @ Poly – Respondent


Advocates appeared:
Mr. Yudhvir Singh Chauhan, APP, for the State with SI Hemant, P.S. Sultanpuri, Advocate, for the Appellant; Mr. Gopal Sharma and Mr. S. K. Tiwari, Advocates, for the Respondent.

JUDGMENT

Sudhir Kumar Jain, J. - The present appeal is filed under section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') read with section 482 of the Code to impugn the judgment dated 25.01.2019 (hereinafter referred to as the 'impugned judgment') passed by the court of Sh. M.R. Sethi, ASJ-03, North West, Rohini Courts, Delhi (hereinafter referred to as the 'trial court') whereby the respondent was acquitted for the offences punishable under sections 397/411 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sections 25/27 of the Arms Act, 1959.

2. The factual background of the case is that Nitin (hereinafter referred to as 'the complainant') on 14.06.2016 at about 07:30 pm was going back to his house after playing and reached Basant Chowk, Sultanpuri, Delhi where one boy caught hold of him and tried to snatch his mobile phone. The complainant resisted snatching of mobile and then said boy put a knife on the abdomen of the complainant and snatched his mobile phone make Intex Aqua Power Plus IMEI nos. 911442503949912 and 911442503944920 and ran towards E-Block, Sultanpuri. The complainant went to his house and narrated the entir

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