STATE (GNCTD) vs RINKU @ CHOLAN

Judgment text excerpt

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16.01.2025 + CRL.A. 271/2020 STATE (GNCTD) .....Appellant Through: Mr. Ashneet Singh, APP for the State. SI Arvind Verma, PS Gokulpuri. versus RINKU @ CHOLAN .....Respondent Through: Mr. Harsha Prabhakar, Adv. DHCLSC, Mr. Dhruv Chaudhary, Mr. Adeeb Ahmad and Ms. Eshita Pallavi, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JASMEET SINGH, J (ORAL) 1. This is an appeal seeking setting aside/quashing part of the judgment and order dated 11.07.2018 passed by District and Sessions Judge in FIR 658/2014, PS Gokulpuri, Delhi whereby the respondent has been acquitted under section 397of IPC. 2. The facts are that on 02.07.2014 at about 1:30 pm near Mother Diary, Main Market, Gokulpuri, Delhi, the respondent Rinku alias Cholan had caused grievous hurt to Vardan/victim by causing fracture on his left forearm while committing robbery from him of his mobile phone and keys of his scooty. It is further the case that while committing the said robbery, the respondent/accused brandished a pistol and gave a blow to the victim by Digitally Signed CRL.A. 271/2020 Page 1 of 6 By:MAYANK Signing Date:24.01.2025 14:43:57 the pistol butt. 3. Charges were framed against the accused on 21.08.2015 for offences punishable under section 394/397 IPC. 4. The respondent pleaded not guilty and claimed trial. The prosecution examined 11 witnesses. The respondent recorded his statement under section 313 of CrPC on 29.05.2018. In his defense, no witnesses were examined by the respondent. 5. The learned Sessions Court convicted the appellant under section 394 IPC and sentenced the respondent/accused for 5 years rigorous imprisonment. However, the respondent was acquitted for charges under section 397 IPC. 6. The learned Session Court while ac