* IN THE HIGH COURT OF DELHI AT NEW DELHI
RESERVED ON : 26th MARCH, 2014
DECIDED ON : 1st APRIL, 2014
+ CRL.A.867/2012 & CRL.M.B.No. 453/2014
NARESH ..... Appellant Through : Mr.A.K.Chadha, Advocate.
Versus
STATE OF DELHI ..... Respondent Through : Mr.Lovkesh Sawhney, APP.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.GARG, J.
1. Naresh (the appellant) challenges his conviction under Sections 392/34 IPC recorded by a judgment dated 18.05.2012 in Sessions Case No. 268/10 arising out of FIR No. 266/07 PS Uttam Nagar. By an order dated 25.05.2012, he was awarded RI for five years with fine ` 10,000/-. Allegations as projected in the charge-sheet were that on 28.03.2007 at about 11.00 P.M. near Aggarwal Sweets Shop, Balaji Chowk, Uttam Nagar, the appellant - Naresh, driver of TSR No. DL1RD- 3218 with his associates Rajender Singh @ Monu and Vijay robbed CRL.A.867/2012 Page 1 of 5 complainant - Rakesh of cash ` 250/- and mobile phone at knife point. During the course of investigation, statements of the witnesses conversant with the facts were recorded. On 29.03.2007 at about 05.10 P.M. near Metro Station Uttam Nagar (West) all the three assailants were apprehended while travelling in the said TSR. The robbed mobile phone was recovered from Vijay. At their instance SIM was also recovered. It reveals that they had robbed the complainant - Rakesh on the previous night. After completion of investigation, a charge-sheet was filed in the Cour