The main legal point established in the judgment is the reliance on credible identification of the accused, corroborated by recovery of stolen items, as sufficient evidence for conviction.

SNEH PRASHAR, J.

1. This judgment shall dispose of the appeal CRA-S-755-SB-2003 filed by appellants Sandeep Kumar @ Kala Singh and another and CRR- 1565-2003 filed by petitioner Anju Bhateja (complainant), as the same had arisen out of the judgment of conviction and order of sentence dated 07.04.2003 recorded by learned Additional Sessions Judge, Fast Track Court, Ferozepur, in Session Case No.11 dated 11.12.2002/05.02.2001 based on First Information Report No.66 dated 05.10.2000 registered at Police Station City Fazilka whereby the appellants were held guilty and were convicted and sentenced for commission of offence under Sections 392, 452, 323 read with Section 34 of the Indian Penal Code (for short “IPC”) as under:-

        2. It was ordered that all the sentences awarded to each of the convict shall run concurrently.

The case of the prosecution garnered from the record was as under:-

3. Smt. Anju Bhateja (complainant) was married to Ashwani Kumar son of Girdhari Lal Bhateja of Fazilka. They had two children born out of the wedlock. Both were studying. Ashwani Kumar was running a shop of Commission Agent in New Grain Market, Fazilka. On 05.10.2000, when both the children were away to school, Ashwani Kumar had gone to his shop and Anju Bhateja was alone in the house, at about 11:30 a.m., somebody rang bell of the house from outside. She opened the door and found two unknown men, one in the age group of 28-29 years and the other in 27-28 years standing outside the door. She enquired the purpose of their visit on which one of them told her that he wants to meet her husband whom he addressed as 'uncle'. She went to her drawing room to telephone her husband. In the meantime, the men entered the house and one of them caught her from her arms and the other started pressing her neck. Both of them forcibly took her in the bedroom and threw her on the bed. They snatched the four gold bangles she was wearing in her hands and also took out one gold ear topas. As she tried to raise alarm, they took up a wire of an electric iron and put the same around her neck and pressed the same. Thereafter, both the assailants ran away through the stairs of her house. She got up and came at the gate of the house. Incidentally, her husband Ashwani Kumar arrived. She disclosed the entire occurrence to him. He arranged a vehicle and brought her to Civil Hospital, Fazilka where she was medico legally examined. The weight of the snatched bangles and topas was said to be 4.5 tolas which had been given to her by her parents at the time of marriage.

4. The occurrence was reported to the police. On the statement (Ex.P16) of the complainant, First Information Report (Ex.P19) was registered under Section 382/34 IPC. Investigation commenced. On 06.10.2000, Section 397 IPC was added to the case. On 08.10.2000, when Sub Inspector Prem Kumar alongwith his official companions and Ashwani Kumar were present near the gate of Grain Market, appellants Sandeep Kumar and Ankur were arrested. During interrogation, appellant Sandeep Kumar suffered a disclosure statement, in pursuance of which he got recovered two gold bangles concealed by him near the wall of cremation ground. Appellant Ankur also suffered a disclosure statement and on the basis of the same got recovered two gold bangles lying concealed by the side of the tower near Kashi Park, Fazilka. One iron cutter was also recovered from appellant Sandee