In a criminal appeal, the High Court of Delhi dismissed the appellant's challenge to his conviction and sentencing for robbery and aggravated hurt involving multiple assailants overpowered by strangulation and weapon injuries.
Appeal dismissed. Conviction and sentence under Sections 394/34 IPC affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
+ CRL.A. 411/2017
ABDUL ..... Appellant Represented by: Mr. Shiv Chopra, Mr. Mayank Mishra, Advs.
versus
THE STATE (NCT OF DELHI) ..... Respondent Represented by: Mr. Amit Gupta, APP with Insp. Nafe Singh SI Naveen Kumar PS Seelampur.
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
CRL.A. 411/2017 Page 1 of 4
benefit of doubt should be given to the appellant. Further, there are inconsistencies in his testimony with respect to the denomination of the currency as the complainant did not state the denomination in his statement recorded before the police. There is discrepancy in the sequence of events with respect to the fact that whether Bittoo Kumar was first taken to the police station or Jag Parvesh Hospital. There is a delay of 45 minutes in reporting of the incident to the police as the incident took place at 3:15 P.M. however, DD No. 21A was recorded at 4:00 P.M. Since the appellant has not been apprehended from the spot, it is urged that the appellant has been falsely implicated in the present case. No public witness was examined. Lastly, there is no recovery of the blood stain clothes or earth control or the weapon of offence.
CRL.A. 411/2017 Page 2 of 4
Brijveer Singh along with the appellant and Bittoo Kumar again went to the spot when he inspected the spot and prepared the site plan [Ex. PW-6/C]. Appellant was arrested vide arrest memo Ex. PW-1/A1 and his personal search was conducted vide memo Ex. PW-1/A2. The disclosure statement of the appellant was recorded vide Ex. PW-2/B. Names of the associates of the appellant were revealed as Neeraj and Arif. Charge sheet was filed for offences punishable under Sections 394/397/34 IPC.
CRL.A. 411/2017 Page 3 of 4
Bittoo Kumar and prepared his MLC Ex. PW-3/A. On local examination, multiple abrasion were found present all over the neck, CLW present on left thumb of size 0.25 x 0.25 cm. Nature of injuries were simple and the kind of weapon used was blunt.
(MUKTA GUPTA) JUDGE
JANUARY 03, 2018
‘yo’
CRL.A. 411/2017 Page 4 of 4
1 issue framed by the court
Whether benefit of doubt should be given to the appellant due to contradictions in the testimony of the injured complainant and discrepancies in the MLC regarding head injuries.
1 provisions across 1 enactments
ABDUL
THE STATE (NCT OF DELHI)
MUKTA GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
