Document Fragment View

Matching Fragments

1. The facts in brief, which are borne out from the charge-sheet are that at 08.30:55 hours on 15.06.2023, an information regarding incident of robbery on the point of knife was received at PS Adarsh Nagar vide GD No. 0028A. The information was given to HC Imran (PW5), who along with Ct. Rajender (PW3) reached at the spot, where they met complainant Kamlesh Kumar, who was panicked. HC Imran recorded statement of complainant wherein he narrated the incident of robbery with him by both the accused persons. On the basis of his statement, case u/s 392/397/34 IPC was got registered. During search, both the accused were apprehended at the instance of complainant. From the cursory search of accused Deepak @ Kallu, a mobile phone POCO M3 colour Black from right side pocket of his wearing lower was recovered, which was taken into police possession and from the cursory search of accused Sumit, an amount of Rs. 455/- from right side pocket of his half pants were recovered. Accused Sumit got recovered a Palta (iron instrument), which was used in the commission of offence and the same was also taken into possession. During Digitally signed by VINAY VINAY KUMAR KUMAR KHANNA KHANNA Date:

learned Chief Legal Aid Defence Counsel, Sh. J.K. Kalson, learned Deputy Chief Legal Aid Defence Counsel for accused Deepak @ Kallu and Sh. Raman Kumar, learned counsel for accused Sumit. This court has considered the rival contentions put forth by both the parties, and scrutinized the evidence adduced by the prosecution.

Analysis, Reasoning & Conclusion.

6. In nutshell, the case of the prosecution is that on 15.06.2023 at about 08.10 am at Shop No. Z-82, Shadi Nagar, Azadpur, Delhi, the complainant Sh. Kamlesh Kumar, after being put under fear of death/injury, with a deadly weapon i.e. knife by accused Deepak @ Kallu, was accosted and both the accused persons namely Deepak @ Kallu and Sumit robbed cash of Rs. 20,000/- from the pocket of the complainant Sh. Kamlesh Kumar, his Mobile phone make POCO and all available petty cash, in denomination of currency notes of Rs. 20, Rs. 5 and Rs. 10, which were present in the cash box lying in his shop at that time. Both the accused while committing robbery, criminally intimidated the complainant by threatening him with death. Further, on 15.06.2023, accused Deepak @ Kallu was found in possession of robbed black coloured mobile phone make POCO M3, belonging to complainant and accused Sumit was found in possession of part of robbed cash, amounting to Rs. 455/-, belonging to complainant, knowing or having reasons to believe the same to be stolen / robbed property of this case. Digitally signed by VINAY VINAY KUMAR KUMAR KHANNA KHANNA Date:

2024.12.17 16:32:14 +0530 SC No. 587/2023 State Vs. Deepak @ Kallu & Anr.
7. Perusal of the record reveals that PW1/complainant Sh.

Kamlesh Kumar, who was the main witness of the prosecution, in his deposition, PW1 narrated the incident of robbery committed qua him. He deposed that on 18.06.2023 at about 8:10 am, when he opened his shop situated at Z-82, Railway Road, Shadi Nagar, Azarpur, Delhi, near Mother Dairy, suddenly two boys came and entered into his shop and closed the door of his shop. One of those boys was carrying halwaai waala palta and other boy was carrying knife in his hand. Both the aforesaid boys showing him palta and knife, stated that "jitna bhi tere paas paisa hai, sab nikaalkar mujhe de do ". PW1 got afraid by them and took out cash of Rs. 20,000/- from the left side pocket of his pants and gave the said amount to them, which was in the denomination of currency notes of Rs. 500/- and Rs. 100/-. One of those boys, took out/snatched his mobile phone make POCO from the upper pocket of his shirt. The other boy took out the money from the cash box of his shop containing the currency notes of Rs. 5/-, 10/- and 20/-. Thereafter, both the said boys ran away from the spot, threating him that "agar iss ghatna ke baarey mein kisi ko kuchh bataaya toh jaan se maar denge". PW1 was under shock and frightened because of the incident. Someone called the police at 100 number. Police reached at the spot, and recorded his statement Ex.PW1/A. However, PW1 deposed that he did not know what was written in the complaint Ex. PW1/A and he had merely signed the same. He deposted that later he came to know their names as Sumit and Deepak @ Kallu. Digitally signed by VINAY VINAY KUMAR KUMAR KHANNA KHANNA Date:

possession of accused Deepak @ Kallu in his presence. PW1 also denied that his robbed cash amount of Rs. 455/- was recovered from accused Sumit on 15.06.2023 near Mother Dairy, Azadpur, Delhi, in his presence. PW1 furhter denied that at the time of incident of robbery with him, accused Sumit, was carrying halwaai waala palta or that accused Deepak @ Kallu was carrying knife in his hand. PW1 also denied that accused Deepak @ Kale took out his Poco mobile phone from upper pocket of his shirt. PW1 further denied that accused Sumit had taken out cash from his cash box kept at his shop, at the time of robbery. PW1 also denied that both the accused persons i.e. Deepak @ Kallu and Sumit, after committing robbery upon him, had threatened him with death. PW1 also denied that the police had recorded his supplementary statement dated 25.06.2023.