* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 17^th December, 2025 Pronounced on: 24^th February, 2026 + CRL.A. 730/2025, CRL.M.(BAIL) 1141/2025 AFZAL @ TOTLA S/o Shri Mohd. Ahmad, R/o Jhuggi No.T-34, Andheria More, Near Pankhe Wali Masjid, Mehrauli, Delhi.

(Currently lodged at Central Jail No. 01, Tihar, Delhi) ....Appellant Through: Mr. Archit Upadhayay, Mr. Piyush Gautam and Ms. Muskan Aggarwal, Advocates versus STATE (NCT OF DELHI)

Through SHO, PS: INA Metro, Delhi. .....Respondent Through: Mr. Utkarsh, APP for the State.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Criminal Appeal under Section 415(2) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as „B.N.S.S.‟) has been filed on behalf of the Appellant Afzal @ Totla, against Judgment dated 01.04.2025 whereby the Appellant was convicted under Sections 411/413/414 of the Indian Penal Code, 1860 (hereinafter referred to as „IPC‟) and Order on Sentence dated 08.04.2025 passed by Learned Principle District and Session Judge, Delhi, in e-FIR No.0030/2020 under Sections 411/413/414 IPC, registered at P.S. INA Metro, Delhi.

2. The case of the Prosecution is that on 14.02.2020, Complainant Cherkal Muhammed Ashraf made an e-FIR regarding theft of mobile phone make ‘Huawei Y7 Prima 2018‟, while he travelling in Metro Train from Hauz Khas Metro Station to INA Metro Station. The FIR was marked to SI Laxmi Narayan, IO, who put the stolen mobile on surveillance. The mobile was found activated on ID of one Ms. Roshni Khan. IO approached her and she disclosed that she had purchased this mobile from the Appellant, but because he did not furnish any Bill, she had returned the same to him.

3. Further investigations were assigned to HC Ravinder, who received secret information on 06.12.2020, about the Appellant and he being in possession of stolen mobile phones. A Raiding Party was constituted comprising of SI Hari Om, HC Ravinder, HC Rajesh, Ct. Gurbej and Ct. Mohit. At the instance of secret informer, the Appellant was apprehended from Jhuggi No.T-34, Andheria More, Near Pankhe Wali Masjid, Mehrauli, New Delhi. On his cursory search, stolen mobile phone make Huwai Y7, Black colour was recovered from his possession and seized vide Memo Ex.PW-2/A.

4. Appellant’s disclosure statement was recorded vide Ex.PW-2/G, wherein he disclosed about him committing theft of mobile phones and purses of passengers in metro trains and buses and that he used to sell them at cheaper prices, to road side passerby.

5. Pursuant to his disclosure, seven other mobile phones were recovered from his Jhuggi No. T-34, Andheria More, New Delhi, which were seized under Section 102 Code of Criminal Procedure, 1973 (hereinafter referred to as „Cr.P.C.‟). On checking the status of recovered mobile phones, it was found that they were stolen from different places at different time from Metro Trains, etc.

6. Appellant / Accused was found to be involved in 24 cases, out of which he was convicted in 09 cases. He was also found to be active BC of Police Station: Chandani Mahal, Delhi.

7. On completion of investigations, Chargesheet under Sections

379/413/414/411 IPC was filed against the Appellant.

8. Accordingly, the Charge under Sections 413/414/411 IPC was framed on 14.11.2022, to which Appellant pleaded not guilty.

9. Prosecution, in support of its case, examined total 9 witnesses

10. PW-1 Ms. Roshni Khan, had purchased the stolen mobile of the Complainant but had returned the same to the Appellant.

11. PW-3 HC Ravinder Kumar (intervening IO) along with Raiding Party comprising of himself, PW-2 HC Gurbhej Gill, PW-5 SI Hari Om (Retired) and PW-7 Ct. Mohit (resigned), on the basis of secret information, apprehended the Appellant / Accused from his Jhuggi and recovered the stolen mobile phone of the Complainant along with seven other mobile phones, which were seized and deposited in Malkhana.

12. PW-6 Cherkkal Muhammed Ashraf, Complainant p