Dharmender v. State NCT of Delhi

1. The appellant-Dharmender has filed the present appeal to challenge the legality and correctness of a judgment dated 02.06.2012 of learned Additional Sessions Judge: Dwarka Courts in Sessions Case No.88/11 registered at Police Station Dhaula Kuan by which he was held guilty under Section 392/411/34 IPC. By an order dated 07.06.2012, he was sentenced to undergo RI for seven years with fine `5,000/- under Section 392 IPC and RI for one year under Section 411 IPC. Both the sentences were to operate concurrently. 2014:DHC:2362

2. Allegations against the appellant were that on 23.08.2010 at about 10 pm near underpass of Ring Road, Dhaula Kaun, Nw Delhi, he and his associate Chandan @ Kalu robbed the complainant Kamal of `50/- and a mobile phone at knife point. DD No.44A was recorded and assigned to HC Rakesh Kumar for necessary action. On reaching at the spot, he did not find any eye-witness and came to know that the injured had been taken to Safdarjung hospital by PCR. He lodged First Information Report after recording complainant’s statement. The appellant was arrested on 27.08.2010 from Maya Puri Phase-I by Special Staff, Delhi Police and a mobile phone was recovered from his possession. His involvement in the present case emerged in the disclosure statement made by him. During investigation, statements of witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was filed; the appellant was duly charged and brought to trial. The prosecution examined 18 witnesses and finally the trial resulted in the appellant’s conviction.

3. During the course of arguments, appellant’s counsel on instructions, stated at Bar that the appellant has opted not to challenge the findings on conviction and has prayed to modify the sentence order as he has already suffered custody in this case for more than four years. Learned Additional Public Prosecutor has no objection to it.

4. Since the appellant has given up challenge to the findings on conviction which is based upon cogent and reliable testimony of the complainant coupled with the recovery of robbed articles, his conviction is affirmed. Nominal roll dated 17.04.2014 shows that the appellant is in custody for the last three years, seven months and eighteen days. He also earned remission for seven months and twenty four days. He is not involved in any criminal case and is a first offender. He has suffered agony of trial/appeal for more than four years. Considering the mitigating circumstances, the sentence order is modified and the appellant is sentenced to undergo RI for four years with fine `5,000/- and failing to pay the fine to further undergo SI for one month. Other terms and conditions of the sentence order are left undisturbed.

5. The appeal and Crl.M.A.No.7071/2014 stand disposed of accordingly. Copy of this order be sent to the concerned Jail Superintendent for information. Trial court record be sent back forthwith along with a copy of this order.

JUDGE MAY 05, 2014