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Case of Prosecution

1. Criminal law was set into motion on 09.12.2019, upon receipt of DD No. 43B, ASI Shiv Kumar along with Ct. Sohan Lal reached at the spot Arjun Nagar Police Picket, where ASI Brij Bhushan had handed over a person namely Rafiq @ Babu and informed that said person was trying to flee away after committing robbery and public persons caught and gave VINEET Digitally signed by VINEET KUMAR KUMAR Date: 2025.03.28 17:05:24 +0530 FIR No. 341/2019, PS. Jagat Puri State Vs. Rafiq @ Babu Page No.1 of 24 beatings to him. ASI Brij Bhushan further informed the IO that he took the accused Rafiq @ Babu to police booth, who had sustained injuries on his head and other body parts. IO sent the accused to Hedgewar hospital along with Ct. Sohan Lal for medical examination. Thereafter, IO recorded statement of complainant Aakashdeep Pandey, who was present at the spot. The gist of statement of complainant is that "he was a student of LLM and on the date of incident, he was coming from his college and he was standing at Arjun Nagar bus stand, at about 5.45 pm, someone called him on his mobile phone and while talking on phone he came 20 steps ahead of bus stand, suddenly someone caught hold of his neck from behind and another person having a paper knife in his hand, threatened the complainant while saying jo hai sab de de varna jaan se maar dunga and he snatched mobile phone from the hands of complainant and robbed his purse, containing Aadhar card, ATM card, Metro card and cash of about Rs.150/-, from his pant's pocket; that thereafter both the said persons started running, however complainant chased them while making hue and cry and at some distance with the help of public persons, complainant caught hold one of those persons, later on, whose name was revealed as Rafiq @ Babu s/o Vakil Ahmad. Thereafter, public persons started beating the accused, meanwhile a police official came there and took accused, who sustained some injuries on his head and other body parts, to VINEET Digitally signed by VINEET KUMAR KUMAR Date: 2025.03.28 17:05:33 +0530 FIR No. 341/2019, PS. Jagat Puri State Vs. Rafiq @ Babu Page No.2 of 24 police booth. Upon search, purse of complainant and paper cutting knife were recovered from his possession and other offender fled away with mobile phone of complainant. On the basis of statement of complainant, present FIR was registered under Section 394/411/506/34 IPC. However, co-accused could not be arrested. Thereafter, upon completion of investigation, charge-sheet in the present case was filed only against the accused herein before the court concerned under Section 397/411/506/34 IPC.

PW1/C and he has proved the certificate u/s 65-B Indian Evidence Act as Ex. PW1/D. During cross-examination by Ld. Defence counsel, PW1 has denied the suggestion that present FIR is ante dated and ante timed.

PW-2 Akashdeep Pandey is the complainant, who has deposed that in the year 2019, he was was pursuing LL.M and on 09.12.2019 at about 5:50-5:55 pm, he was coming back from Delhi University in Metro and de-boarded from Metro at Krishna Nagar Metro Station and when he reached at Arjun Nagar, Bus Stand Road no. 57, Jagatpuri, he was talking on phone, all of a sudden, one person came from behind and caught hold of him from his neck with his arms and another person put a paper cutter on his neck from the front and stated jo kuch hain sab de do nahi to mar dunga; that the robbers robbed his Redmi 5 A Mobile Phone and purse from back side of his wearing pant which was containing Aadhar Card, Metro Card, ATM and Rs. 150/- cash; that after robbing him they started running from there, he chased them while shouting and VINEET Digitally signed by VINEET KUMAR KUMAR Date: 2025.03.28 17:05:48 +0530 FIR No. 341/2019, PS. Jagat Puri State Vs. Rafiq @ Babu Page No.4 of 24 at some distance, he managed to apprehend one of the robbers with the help of public persons whose name was revealed as Rafiq @ Babu; that public persons have beaten them. He has further deposed that in the meantime, one police official came there and took the apprehended robber to the police booth in order to save him from the public; that complainant also accompanied him to police booth; that on cursory search of apprehended boy, purse of complainant containing his Aadhar Card, Metro Card, ATM card of Union Bank and Rs.150/- cash along with one paper cutter of white colour were recovered from the pocket of apprehended robber; that local police also reached at the police booth and IO recorded statement of complainant Ex. PW2/A. He has further deposed that IO prepared site plan at his instance Ex. PW2/B and also prepared sketch of paper cutter Ex. PW2/C, recovered from the possession of accused Rafiq @ Babu; that IO wrapped the recovered paper cutter and sealed the same with the seal of 'SKS' and same was seized vide seizure memo Ex. PW2/D; that IO had also wrapped recovered purse containing Aadhar Card, ATM Card, Metro Card and Rs.150/- of complainant in a cloth pulanda and seized the same vide seizure memo Ex. PW2/E. He has further deposed that thereafter accused Rafiq @ Babu was arrested and personally searched vide memos Ex. PW2/F and Ex. PW2/F. Complainant has correctly identified the accused Rafiq @ Babu wearing red shirt standing in the court VINEET Digitally signed by VINEET KUMAR KUMAR Date: 2025.03.28 17:05:55 +0530 FIR No. 341/2019, PS. Jagat Puri State Vs. Rafiq @ Babu Page No.5 of 24 room and stated that he is the same person who put a paper cutter on his neck and robbed mobile phone and his purse containing his belongings.

This witness was extensively cross-examined by the Ld. Counsel for accused, however, nothing adverse to the prosecution case could be elicited out of him.

PW4 HC Sohan Lal deposed that on 09.12.2019, he was posted as Constable at P.S. Jagat Puri and on that day at about 6:36 pm, ASI Brij Bhushan on duty at Arjun Nagar Police Picket, gave information vide DD No. 43-B regarding VINEET by VINEET KUMAR KUMAR Date: 2025.03.28 17:06:19 +0530 FIR No. 341/2019, PS. Jagat Puri State Vs. Rafiq @ Babu Page No.8 of 24 apprehension of an accused and the said DD was marked by Duty Officer to ASI Shiv Kumar. PW4 further deposed that upon receipt of said DD, he had accompanied ASI Shiv Kumar to the spot i.e. Arjun Nagar Police Picket, where one apprehended person namely Rafiq @ Babu was found in custody of ASI Brij Bhushan and he produced accused Rafiq @ Babu before IO and he further informed that after snatching the mobile phone and purse, accused tried to run away, but he was over powered by public persons and public persons gave beating to him, accordingly, he had brought accused Rafiq @ Babu to Arjun Nagar Police Picket. PW4 further deposed that on the instruction of IO, he had taken accused Rafiq @ Babu to Hedgewar Hospital for his medical examination and after medical examination, he along with accused Rafiq @ Babu returned to Arjun Nagar Police Station; that ASI Brij Bhushan handed over one paper cutter to IO, which was recovered from accused Rafiq @ Babu. PW4 has correctly identified the accused Rafiq @ Babu present in the court.

17. In the case in hand, PW-2 Akashdeep has largely deposed on the lines of prosecution case that on 09.12.2019 at about 5:50-5:55 pm, he was coming back from Delhi University in Metro and de-boarded the same at Krishna Nagar Metro Station and when he reached at Arjun Nagar, Bus Stand Road no. 57, Jagatpuri, he was talking on phone, when all of a sudden, one person came from behind and caught hold of him from his neck with his arms and another person put a paper cutter on his neck from the front and said jo kuch hai sab de do nahi to maar dunga; that the robbers robbed his Redmi 5 A Mobile Phone and purse from back side of his wearing pant, which was containing Aadhar Card, Metro Card, ATM and Rs. 150/- cash; that after robbing him they started running from there, he chased them while shouting and at some distance, he managed to apprehend one of the robbers with the help of public persons whose name was revealed as Rafiq @ Babu (accused herein). He has proved his statement as Ex. PW2/A, site plan as Ex. PW2/B, sketch of paper cutter as Ex. PW2/C, seizure memo of same as Ex. PW2/D, seizure memo of robbed articles as Ex. PW2/E, personal search and arrest memo of accused as Ex. PW2/F and Ex. PW2/F respectively. He has also identified the VINEET Digitally signed by VINEET KUMAR KUMAR Date: 2025.03.28 17:07:24 +0530 FIR No. 341/2019, PS. Jagat Puri State Vs. Rafiq @ Babu Page No.17 of 24 Paper cutter as Ex. P1, his black color purse as Ex. P2 and the articles contained therein as Ex. P3 (colly).