JUDGMENT

1. Nishant and Rohit challenge the impugned judgment dated 26th May, 2016 convicting them for offence punishable under Section 392/34 IPC and the order on sentence dated 30th May, 2016 directing them to undergo rigorous imprisonment for a period of four years and six months each and to pay a fine of Rs.10,000/- each, in default whereof to undergo simple imprisonment for a period of one month each.

2. Assailing the conviction, Learned Counsel for Rohit contends that the appellant was never identified by the only witness that is the complainant. Moreover, the arrest memo which was made at the park contains the signature of the appellant's mother who was never present at the park. The medical report of the appellant mentions that he suffered injuries because of the public but no public witness has been examined. He further submitted that according to the complaint of Ram Singh, Rs.1300/- was snatched from him but a total recovery of Rs.700/- only has been made from both the appellants. No TIP was conducted. He also urges that as per the Nominal Roll of the Appellant his conduct is satisfactory in jail and no case is pending against him. Thus, he be acquitted.

3. Learned Counsel for Nishant, in addition to the aforestated arguments contends that the complainant Ram Singh in his cross-examination has denied all the allegations made in his complaint before the police. He also urges that appellant is a first-time offender and there is no case pending against him. Thus, he be acquitted.

4. Learned APP for the State on the other hand submits that the two robbed mobile phones were recovered at the instance of the appellants. The arrest memo also bears the signatures of the complainant Ram Singh. He further submits that the investigation was carried out in a prompt manner and the same is evident from the testimonies of various police witnesses.

5. Process of law was set into motion on 28th January, 2015 at about 7:10 P.M., on receipt of information regarding snatching of cash and mobile. Aforesaid information was recorded vide DD No. 91B (Ex.PW-2/B) and was entrusted to HC Ramesh. He along with Ct. Kaptan went to Y-Block, Shani Mandir where they met the complainant Ram Singh who stated that he was going to his house in Krishna Vihar and while he was crossing the District Park Cemetery, two boys came there amongst whom the tall one held his neck from behind and the other one put a knife on his back and said they would kill him if he made any noise. Thereafter, one of the two boys took two Samsung phones from the right pocket of his pants, one was model no. 308 which contained an Airtel Sim No. 9680672323, the other phone contained Reliance Sim No. 8287333263 along with Rs.1,300/-. The other boy snatched his Aadhar Card and two photographs from the top pocket of his jacket and again told him that if he made any noise they would kill him. They took away his belongings and ran into the dark. Aforesaid statement was recorded vide Ex.PW-3/A. On the basis of the aforesaid statement, FIR No. 60/2013 (Ex.PW-1/B) was registered at PS Vijay Vihar for the offence punishable under Section 392/397/34 IPC.

6. Further investigation of the case was handed over to SI Mahavir who prepared the site plan at the instance of Ram Singh vide Ex.PW-7/A. Thereafter, they went to District Park Avantika in search of the accused persons. On reaching there, they noticed that two persons were sitting in the District Park near the gym. He apprehended the two persons at the instance of Ram Singh. They disclosed their names as Rohit and Nishant. On search of Rohit, one mobile phone make Samsung, Aadhar Card and two photographs of Ram Singh and cash of Rs.200/- was recovered, which was seized vide seizure memo Ex.PW-5/A. On search of Nishant, one mobile phone make Samsung, cash of Rs.500/- was recovered and seized vide seizure memo Ex.PW-5/B. One buttondar knife was also recovered from Nishant which was seized vide seizure memo Ex.PW-5/C. Rohit and Nis