IMPORTANT POINT
The main legal point established is the reliance on consistent and corroborative testimony, recovery of stolen articles, and the nature of the weapon used to establish guilt in a criminal case.

JUDGMENT

Sudhir Kumar Jain, J. - The present criminal appeal is filed under sections 374(2) read with section 383 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") to set aside the judgement dated 10.03.2023 (hereinafter referred to as "the impugned judgment") and order on sentence dated 03.07.2023 (hereinafter referred to as "the impugned sentence order") passed by the court of Sh. Sachin Sangwan, Additional Sessions Judge-01 (Fast Track Court), South-East, Saket Courts, New Delhi (hereinafter referred to as "the trial court") in sessions case bearing number 1550/2016 titled as State V Mohibul Islam & Ors arising out of FIR bearing no 0374/2013 registered at P.S. Hazrat Nizamuddin.

2. The factual background of the case is that SI Ajay Kumar along with Ct. Baldev on 25.11.2013 after receipt of DD No.12A regarding robbery in House no. 6, 1st Floor, Sunder Nagar, New Delhi involving assault and confinement of a housemaid namely Sushma (hereinafter referred to as "the complainant") reached there and met with owner Kapil Advani and his mother Kavita Advani. The house was found to be in ransacked condition. SI Ajay Kumar recorded statement of the complainant wherein the complainant stated that owner Kapil Advani had employed Islam for doing cleaning of house who used to come around 9/10 am every day. The complainant on 25.11.2013 at about 8.30 am was preparing breakfast for Kavita Advani who was sitting on a chair outside the kitchen. The doorbell was rung about 9 am and door was opened by Islam. Two unknown persons aged about 21/22 years entered into house and Islam claimed that those boys were known to him. The short heighted boy took out knife from his pocket and another tall boy caught hold of the complainant and placed a knife at neck of the complainant. Those persons and Islam gave beatings to the complainant and her legs and hands were tied with crepe bandage. The tall boy placed knife on neck of Kavita Advani and threatened to kill her. The short heighted person and Islam went upstairs and after sometime came downstairs. Islam removed chain and bangle (kara) which were worn by the Kavita Advani. They also threatened Kavita Advani to kill her and family. They again beat the complainant and thereafter ran away from the spot. The complainant managed to untie her and informed owner Kapil Advani. Kapil Advani came at the spot and informed the police by calling at 100 number. Kapil Advani on checking found that cash amount of Rs.25 lacs and other valuable articles were missing. The mobile phone of the complainant was also found missing. FIR under sections 394/397/34 IPC was got registered and SI Ajay conducted investigation. SI Ajay seized one knife and crepe bandage from the spot. The nature of injuries stated to be received by the complainant was opined to be simple.

2.1 Mohd.Mohibul Islam and MA (who was determined as juvenile during trial) were arrested during further investigation and they refused to participate in TIP. During investigation one bag containing Rs.16 lakhs and one chain with locket was recovered at instance of Mohd. Mohibul Islam. Rs.7,68,750/-, gold ring and knife recovered at instance of juvenile. The offence punishable under section 411 IPC was also added during investigation. Mohd. Ali Hussain could not be traced. The charge sheet after conclusion of investigation was filed against Mohd. Mohibul Islam and juvenile for offences punishable under sections 394/397/411/34 IPC before the court of concerned Metropolitan Magistrate. The case was committed to court of sessions vide order dated 15.03.2014 passed by the court of Ms. Neha, Metropolitan Magistrate-03, South-East, Saket.

2.2 Mohd. Ali Hussain surrendered on 06.03.2014 before the concerned court and was accordingly arrested. He refused to participate in TIP. During investigation one bangle (kara) and one pearl chain kept in a green coloured purse were recovered which were identified by Kapil during TIP of the case property. The