Crl.Appealnos.719&720of2013&165of2014

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment reserved on: 04.03.2014

Date of Decision: 12.03.2014

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CRL.A. 719/2013

PARDEEP @ SANDY

..... Appellant

Through:

Mr. R.M. Tufail, Mr. Varun Agrawal &

Mr. Anwar A. Khan, Advs.

versus

STATE

..... Respondent

Through:

Mr. Feroz Khan Ghazi, APP.

+

CRL.A. 720/2013

DEEPAK @ GHODA

..... Appellant

Through:

Mr. R.M. Tufail, Mr. Varun Agrawal &

Mr. Anwar A. Khan, Advs.

versus

STATE

..... Respondent

Through:

Mr. Feroz Khan Ghazi, APP.

+

CRL.A. 165/2014

PAWAN @ TAU

..... Appellant

Through:

Mr. R.M. Tufail, Mr. Varun Agrawal &

Mr. Anwar A. Khan, Advs.

versus

STATE

..... Respondent

Through:

Mr. Feroz Khan Ghazi, APP.

CORAM:

HON'BLE MR. JUSTICE V.K.JAIN

JUDGMENT

Crl.Appealnos.719&720of2013&165of2014

V.K.JAIN, J.

On 29.08.2010, about about 12.45 pm, an information was

received that a person had been robbed of his motorcycle – Bajaj

Discover, red colour, bearing registration number DL 8S NC 4908 at

Bawana Road, DSIDC, H-Block, Main Road. The information when

conveyed to Police Station Bawana, was recorded vide DD No.22A, a

copy of which was given to Head Constable – Brijesh Kumar for

investigation when Head Constable – Brijesh Kumar reached the Main

Ganga Toli Road, near Lal Flat, Sector – 3, DSIDC, Bawana, the

complainant – Abhinav Dhruv was present there. The statement of the

complainant was recorded by him. The complainant, inter alia, stated

that on the aforesaid date, he was returning from Bawana on his

motorcycle number DL 8S NC 4908, bearing chasis number –

MD2DSPAZZ SPL 47751 and Engine number JBUBSI 94103. At about

12.40 pm, when he reached the Main Ganga Toli Road near Lal Flat,

Sector-3, DSODC Bawana, three boys driving a red colour motorcycle

got his motorcycle stopped. One of them showed a knife to him and

asked him to leave the motorcycle, failing which he would be killed.

Being scared, the complainant got down from his motorcycle. The other

boy then took charge of the motorcycle and drove it. The other two boys

Crl.Appealnos.719&720of2013&165of2014

also drove away on the red colour Pulsar motorcycle. The investigation

was later transferred to SI – Pawan Kumar of Police Station – Bawana.

2. On 03.09.2010, an information was received with respect to arrest

of the appellants – Deepak, Pawan and Pardeep in the case registered

vide FIR No.277/2010, by the staff of Outer District, Delhi. It is also the

case of the prosecution that in the aforesaid case, the appellants made

disclosure statements admitting their involvement in the robbery of the

motorcycle of the complainant. After their arrest, the appellants refused

to join Test Identification Parade. The motorcycle which the appellants

are alleged to have stolen during the robbery is alleged to have been

recovered from the house of the appellant – Pardeep, pursuant to the

disclosure statements made by the appellants. All the three appellants

were then charge-sheeted under Section 392/397/506/34 of Indian Penal

Code. The trial court, however, charged all the appellants under Section

392/34 of IPC. Appellant – Deepak was also charged under section 397

of Penal Code and Section 27 of the Arms Act. Since the appellants

pleaded not guilty, as many as 12 witnesses were examined by the

prosecution. Two witnesses were examined in defence.

3. The complainant – Abhinav Dhruv came in the witness box as

PW2 and, inter alia, stated that on 29.08.2010, when he was returning

Crl.Appealnos.719&720of2013&165of2014

from Bawana and when he reached the corner of Main Ganga Toli

Road, Sector-3, Bawana, all the three accused persons came on a Pulsar

motorcycle of red colour. The accused – Deepak gave him a signal to

stop, by waiving his hands. Thereupon he slowed down his motorcycle.

His way was blocked by the motorcycle on which the accused persons

were travelling. The appellant – Pawan