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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, J.
Krishan Kumar @ Sonu - Appellant
Versus
State Of Punjab - Respondent
Criminal Appeal (S) No. 1799 of 2019, 1279 of 2019
Decided On : 25-11-2019
Snatching - Criminal Law - IPC 379-B, IPC 411, IPC 201 - The judgment discussed the provisions of IPC 379-B, IPC 411, and IPC 201. The court highlighted the admissibility of the statements/confessions given by the accused detenues in police custody and the recovery of snatched articles on the disclosure statement of the appellants under Section 27 of the Indian Evidence Act, 1872.
Fact of the Case:
The prosecution's case involved incidents of snatching purses from two victims. The victims identified the accused, and the police recovered the snatched articles based on the disclosure statement of the appellants.
Finding of the Court:
The court found the victims' testimonies and the recovery of snatched articles to be credible evidence. It dismissed the appeals and maintained the sentence awarded to the appellants.
Issues: The issues involved contradictions in the victims' statements, the admissibility of the disclosure statement, and the necessity of a test identification parade.
Ratio Decidendi: The court emphasized the admissibility of the disclosure statement under Section 27 of the Indian Evidence Act, 1872, and the credibility of the victims' testimonies in the absence of material contradictions.
Final Decision: The appeals were dismissed, and the sentence awarded to the appellants was maintained.
JUDGMENT
Anil Kshetarpal, J. - Two criminal appeals bearing number CRA-S-1799-2019 and CRA-S-1279-2019 shall stand disposed of by this order; arising from a common judgment passed in Sessions case no. SC/155/2018 arising from FIR No. 106 dated 9.4.2018 registered under Sections 379-B/34 IPC convicting and sentencing the appellants in the following manner:-
| Mandeep Kumar @ Kaka | For offence punishable u/s 379-B IPC: To undergo rigourous imprisonment for a period of five years and to pay fine of Rs. 10,000/- and in default to pay the fine to further undergo simple imprisonment for a period of three months. |
| For offence punishable u/s 411 IPC: To undergo rigourous imprisonment for a period of one year and to pay fine of Rs. 50/- and in default to pay the fine to further undergo simple imprisonment for a period of one month. | |
| For offence punishable u/s 201 IPC: To undergo rigourous imprisonment for a period of one year and to pay fine of Rs. 500/- and in default to pay the fine to further undergo simple imprisonment for a period of one month. | |
| Krishan Kumar @ Sonu | For offence punishable u/s 379-B IPC: To undergo rigourous imprisonment for a period of five years and to pay fine of Rs. 10,000/- and in default to pay the fine to further undergo simple imprisonment for a period of three months. |
| For offence punishable u/s 411 IPC: To undergo rigourous imprisonment for a period of one year and to pay fine of Rs. 50/- and in default to pay the fine to further undergo simple imprisonment for a period of one month. | |
| For offence punishable u/s 201 IPC: To undergo rigourous imprisonment for a period of one year and to pay fine of Rs. 500/- and in default to pay the fine to further undergo simple imprisonment for a period of one month. |
The sentences imposed upon the convicts shall run concurrently. The period already undergone shall be set of in the sentence. Fine has not been deposited."
Facts
2. In nutshell the case of the prosecution is that on 9.4.2018 when Head Constable Mahinder Pal alongwith Head Constable Karnail Singh and PHG Harkesh Singh were present near KSM Road adjoining Nirmal Stadium, Rajpura, Divya Rani w/o Parveen Kumar alongwith Hanisha and her brother came and informed that she is working at a chemist shop situated near Shani Mandir, Rajpura while her husband is doing private job in shop dealing in the footwears. On 6.4.2018 at about 9:15 pm when she alongwith her husband after finishing their work were going to their house on motor cycle bearing No.PB-39A-7210, two persons came from the back side on a motorcycle and the pillion rider snatched her purse and fled away taking advantage of the darkness. Her husband followed them on motorcycle and thus noted registration number of the motorcycle being driven by the offenders as PB-11AL-9011- make Splender black colour. Her bag was containing a booklet issued by the Indane Gas Agency, her voter card, keys of the house and Rs.400/- in cash. People gathered also informed that on 3.4.2018 at about 9:00 pm similarly, purse of one Hanisha daughter of Jyoti Parkash resident of House No.1095, Gandhi Colony, Rajpura Town was also snatched by the motorcyclists of motorcycle bearing registration No. PB-11AL-9011. When the first informant was going to inform the police post, Hanisha d/o Jyoti Parkash alongwith her brother Deepak Kumar also met her at Hira Chowk, Rajpura who also disclosed that she is victim of the similar incident on 3.4.2018. Her bag containing ATM card issued by ICICI Bank, her Aadhar card, keys of the office, two pen drives, Rs.1800/- in cash and some other important documents was also snatched. Both of them stated that they can identify those persons.
3. On the aforesaid statement, FIR for the offence punishable under Section 379-B/34
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