Nishant v. State
Case brief
What is this about?
High Court Delhi allowed appeals challenging conviction for snatching. Court held recovery of loot from accused proved case despite complainant failing to identify perpetrators in dark, upholding lower court conviction.
What did the court decide?
Appeals of Nishant and Rohit dismissed; conviction under sections 392/34 IPC upheld.
What the court decided
| * | IN THE HIGH | COURT OF DELHI AT NEW DELHI |
|---|---|---|
| % | Reserved on: 10thJanuary, 2019 Decided on: 1stJuly, 2019 |
|
| + | CRL.A. 647/2016 | |
| NISHANT | ..... Appellant | |
| Represented by: Mr. Rajiv Bajaj, Advocate |
||
| STATE | versus ..... Respondent Represented by: Ms. Rajni Gupta, APP for the State |
|
| + | CRL.A. 924/2016 | |
| ROHIT | ..... Appellant | |
| Represented by: Mr. Dhan Mohan, Mr. Tanu B. |
||
| STATE (GNCT O | Mishra, Mr. Ravi Mishra, Ms. Harkamal Jeet Kaur, Ms. Roshni Rani and Mr. Gaura Bindal, Advocates versus F DELHI) ..... Respondent |
|
Represented by: Ms. Rajni Gupta, APP for the State |
CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA
- Nishant and Rohit challenge the impugned judgment dated 26th May, 2016 convicting them for offence punishable under Section 392/34 IPC and the order on sentence dated 30th May, 2016 directing them to undergo rigorous imprisonment for a period of four years and six months each and to pay a fine of ₹10,000/- each, in default whereof to undergo simple
Crl.A.647/2016 & Crl.A.924/2016
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imprisonment for a period of one month each.
Issues for consideration
2 issues framed by the court
Whether conviction is sustainable despite lack of eyewitness identification when recovery ofatched property is proved.
Whether absence of complainant eyewitness in identifying accused vitiates conviction if recovery is established by police witnesses.
Parties & counsel
- appellant
Nishant
- appellant
Rohit
- respondent
State
Coram
Case details
As recorded by the court registry
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