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DELHI HIGH COURT
DEEPA SHARMA
Nazim Khan – Appellant
Versus
State – Respondent


JUDGMENT

1. In the present appeal, the judgment dated 23rd March, 2012 and order on sentence dated 26th March, 2012 passed by learned Additional Sessions Judge (North West Delhi) arising out of Sessions Case No. 124/2011 relating to FIR No. 20/2010, P.S. Burari convicting the appellant for offences punishable under Sections 392/397/411/34 IPC and sentencing to undergo simple imprisonment for seven years and a fine of Rs.5,000/- and in default simple imprisonment for a period of two months, has been assailed by the appellant.

2. As per the prosecution case, on 30th January, 2010, at about 2.15pm, Asifa Alam/complainant/PW3 was robbed by seven/eight persons. At the time of incident, it is submitted that she was present in her house and was washing water filter in the kitchen at the first floor. She was running a clinic at the ground floor of her house and the doors of the house were open. Initially, five boys came upstairs. They asked her to hand over the jewellery she was wearing and she removed her gold earrings (bunde), gold chain with pendant, gold rings, and a pair of ear rings (bali). In her complaint to the police, she has further stated that at that time one of the boys me

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