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2. Case of the prosecution, in a nutshell, is that on 8.5.2009, complainant Rakesh Kumar, driver of Innova car No. HR-

68-7167 was approached by Satveer Singh for taking him and other co-accused to Shimla, Kufri and back. Deal was finalised for `2700/-. Accused persons boarded the vehicle. Accused asked the complainant to go back to Chandigarh via Chail. While proceeding from Chail to Solan, at a place known as Chiunth, accused asked Rakesh Kumar to stop the vehicle as one of the co-accused wanted to vomit. Thereafter, Rakesh Kumar stopped the vehicle. He went out to answer the call of nature. Accused persons deboarded the vehicle and snatched his Sony Ericson phone, purse containing `2700/- from him and in furtherance of common intention, dragged the complainant to distance of 15-20 feet. He was tied to a Chil tree with the help of turbans. Accused took away his vehicle in which they were travelling. Rakesh Kumar managed to free himself. He approached a nearby house. He knocked the door of house of Dharam Singh PW-1 and narrated the incident to him. He informed Shri Yashwant Singh. Yashwant Singh informed Lokeshwar .

contacted Yashwant Chauhan. He was declared hostile. He was cross-examined. He admitted that one person was present.

Thereafter he enquired his name. He did not remember that the name of the boy was Rakesh. He denied the suggestion that boy told him that when he was coming from Shimla to Chail Chowk, 5-6 persons tied him to a tree in jungle, near his house. His vehicle, purse and mobile phone were snatched. He has denied the portion 'A-A' and 'B-B' of the statement mark 'X'.

9. PW-3 Lokeshwar Sharma informed the police at Police Station Kandaghat.

10. PW-4 Rajesh Kumar deposed that on 8.5.2009, at about 11.15 pm, he alongwith ASI Gulab Singh, HC Yash Pal, HC .

Mehar Singh, HHC Jagjiven and Constable Devender was on patrol duty in a government vehicle and when were present at Chail Chowk at Kandaghat, then at about 12.30 AM, one vehicle came from Chail sid,e which was stopped and checked. It was found to be Innova. Accused were apprehended but one Satveer managed to run away. In his cross-examination, he has admitted that the case property in every case is put in a sealed packet or parcel. In the case in hand, case property was not in a sealed cover. He admitted that articles produced in the Court did not bear any identification mark.

14. PW-8 is a formal witness.

15. PW-9 Dinesh Kumar was posted as daily wage employee at Check Post Sadhupul from 1998 to October, 2009. On 8.5.2009, he was on duty at check post at Sadhupul. He did not remember the number of the vehicle. According to him, it was 'HR....

something'.

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16. PW-10 Manoj Kumar has testified that accused have asked Rakesh Kumar that they wanted to hire vehicle from Shimla to Chail. Amount was fixed at `2700/-.