Delhi High Court: Mukta Gupta, J. dismissed an appeal filed by the appellant against the judgment of the trial court whereby he was convicted for offences punishable under Sections 367 (kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.) and 393 (attempt to robbery) IPC.
The appellant was of the accused persons who tried to rob the complainant of his motorcycle and other belongings. The appellant was however apprehended on the spot. He was tried and convicted as aforesaid.
Naomi Chandra, Advocate for the appellant contended that the recovery of gun from the appellant was highly doubtful. His associate put a gun on him and ran away. Furthermore, nothing was found in personal search of the appellant. Per contra, Ashok Kumar Garg, APP submitted that the impugned judgment suffered from no illegality.
Considering the evidence, the High Court found that it was proved that the appellant was arrested at the spot. It was observed: “The complainant in his statement does not say that the appellant was the one who showed him the pistol, however, the fact that the appellant sat on the motorcycle of the complainant and made him take the motorcycle to Loni which the complainant avoided smartly by reaching a place where PCR van was parked is sufficient to uphold the conviction of the appellant for the offence punishable under Sections 367 and 393 IPC.”
At the same time, since the appellant did not show the gun or open fire, despite the fact that he had weapon of offence in his hand, it was held that he was rightly acquitted of the offences punishable under Sections 186, 353 and 307 IPC.
In such view of the matter, the Court found no reason to interfere with the judgment of the trial court. Accordingly, the appeal was dismissed. [Sher Mohd. v. State (NCT of Delhi), Crl. A. No. 1175 of 2017, decided on 20-05-2019]
