The prosecution must prove the guilt of the accused beyond a reasonable doubt to secure a conviction.

JUDGMENT

Vivek Puri, J. - The present appeal has been preferred against the judgment of conviction dated 15.02.2019 vide which the appellants were convicted under Section 379-A and 201 read with Section 34 IPC and vide order dated 16.02.2019 they were sentenced to undergo rigorous imprisonment of eight years and to pay a fine of Rs. 25,000/- each for having committed the offence punishable under Section 379-A read with Section 34 IPC and in default of payment of fine, to further undergo rigorous imprisonment of two years. They were also sentenced to undergo rigorous imprisonment of two years each for committing the offence punishable under Section 201 read with Section 34 IPC. Both the sentences were directed to run concurrently.

2. Briefly, the facts as put-forth by the prosecution are to the effect that on 02.08.2018, Dev Kumar-complainant submitted an application to the Incharge, Police Post Bus Stand, Fatehabad, to the effect that he is a student of 12th standard. On 23.07.2018 at about 3.00 p.m., he alongwith his father Sanjay Kumar were present in the street in front of their house. He was carrying a mobile phone bearing IMEI No. 867159036308993 and 867159038308991 having SIM No. 9518493758. The complainant was holding the mobile phone in his hand. Two young persons arrived at the spot on a motorcycle and the person sitting on the pillion snatched the mobile phone of the complainant and fled away on the motorcycle. The complainant alongwith his father tried to chase them but to no effect. The complainant had been trying to locate the mobile phone at his level but could not get any clue. The unknown persons were aged about 20-22 years who can be identified by the complainant and his father. On the basis of said complaint, the present case has been registered.

3. On presentation of challan, the accused were charge-sheeted under Sections 379-A and 201 read with Section 34 of IPC, to which they pleaded not guilty and claimed trial.

4. To substantiate its case, the prosecution has examined as many as 11 witnesses besides producing documentary evidence. The statements of the accused-appellants under Section 313 Cr.P.C. were recorded but no defence evidence has been adduced by them.

5. The appellants were convicted and sentenced as aforesaid.

6. Aggrieved from the aforesaid judgment of conviction and order of sentence, the present appeal has been preferred by them.

7. I have heard learned counsel for the parties and perused the record.

8. While assailing the judgment of the trial Court, it has been argued by learned counsel for the appellants that Dev Kumar-PW-1-complainant and his father Sanjay Kumar-PW-3 have not identified the appellants during the course of deposition in the Court. The prosecution has sought to put-forth a case that the appellants had sold the mobile phone to PW-11-Rinku who further sold the same to Jagsir Singh PW-8. It has been contended that even PW-11 Rinku has not supported the prosecution version and there is lack of reliable evidence to indicate that PW-8 Jagsir Singh had purchased the mobile phone from PW-11 Rinku or the appellants had sold the same to PW-8 Jagsir Singh as they had snatched the same from Dev Kumar PW-1.

9. On the contrary, while supporting the judgment of the learned trial Court, it has been contended by the learned State counsel that it is true that the complainant and his father have not supported the prosecution version but during the course of investigation, they had identified both the appellants vide identification memo Exhibit P-4. Even the mobile phone has been recovered from Jagsir Singh PW-8 and motorcycle has been recovered in pursuance to the disclosure statement of the appellant Harjeet Singh @ Kuldeep. At the instance of the appellants, the place where they had thrown the SIM was identified and site plan Exhibit P-27 has been prepared.

10. The prosecution has built up a case to the effect that on 02.08.2018, both the appellants while they were travelling on motorcycle h