Conviction for robbery under Sections 392/34 and 397 IPC is sustainable when the testimony of the injured complainant is consistent and corroborated by an eyewitness and the recovery of the weapon of offence.

JUDGMENT (ORAL)

1. The present appeal has been filed under Section 374 (2) Cr.P.C against the judgment of conviction dated 09.01.2017 and the order on sentence dated 20.01.2017 passed by learned Additional Sessions Judge, North East District, Karkardooma Courts in SC No. 74/2016 in proceedings arising out of FIR No. 64/2016 registered under Sections 392/394/397/411/34 IPC at P.S New Usmanpur.

Vide the impugned order on sentence, the appellant was sentenced to undergo RI for 7 years along with payment of fine of Rs.3,000/-, in default whereof he would undergo 6 months SI, for the offence punishable under Sections 392/34 read with 397 IPC. The fine amount was directed to be paid to the complainant/victim as compensation and the benefit under Section 428 Cr.P.C was granted to the appellant.

2. The appellant’s latest nominal roll on record reflects that he has completed the substantive sentence imposed upon him in the present case and was released from jail upon payment of fine at jail gate on 25.06.2021. A status report under the signatures of the concerned DCP has been handed over in Court, stating that efforts were made to reach the appellant at his given address and inquiries were made even from neighbors; however, the appellant could not be traced. A perusal of proceedings shows that the appellant has remained untraceable since 2022. Keeping in view the import of the decision in Bani Singh & Ors. Vs. State of U.P., (1996) 4 SCC 720, arguments on merits are heard.

3. The case of the prosecution is that on 16.01.2016 at about 2.00 PM, the complainant/Pappu was urinating on a road near a broken wall leading to Khajuri Khas, when a boy (the appellant herein) came and pushed him down a slope. He rolled down the said slope, and two other boys were standing there, waiting for him. The appellant came, pointed a knife-type weapon towards him, and robbed him of Rs.200/-. The two other boys who were standing there caught hold of him, assaulted him, and took out his mobile phone as well as cash of Rs.1,100/- from his pant pocket and started running. The complainant raised alarm, gave chase to the boys and, with the help of public persons, managed to catch the appellant. The appellant was beaten up by the public persons and the complainant, who himself had suffered injuries at the hands of the appellant as well as his associates. Someone called PCR and the complainant as well as the appellant were removed to the hospital.

DD no. 42B was registered at P.S. New Usmanpur and assigned to SI Dharmender, who along with Ct. Gagan reached the spot of the incident, learnt that the parties had already been removed to the hospital, and then reached the hospital. At the said hospital, PCR In-charge HC Satya Pal handed over custody of the appellant to SI Dharmender along with the weapon of offence, which was a blade-type knife, and cash of Rs.200/-, stating that it was recovered from the appellant during his search. SI Dharmender collected the MLC of the injured complainant Pappu and recorded his statement. Based on this statement, rukka was prepared and the concerned FIR was registered thereafter against the appellant. A sketch of the recovered weapon was prepared and the same as well as the cash of Rs.200/- recovered from the appellant were seized. The appellant was formally arrested; however, his associates, i.e., the other two assailants, could not be traced. Upon completion of investigation, the chargesheet was filed. The Trial Court framed charges against the appellant under Sections 392/34 and 397 IPC, to which he pleaded not guilty and claimed trial.

4. The prosecution examined 9 witnesses in support of its case.