RAJ KUMAR vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 23.07.2025 + CRL.A. 176/2017 RAJ KUMAR .....Appellant Through: Mr.Sumer Kumar Sethi, Advocates versus STATE .....Respondent Through: Mr.Pradeep Gahalot, APP for State with SI Sanchit CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. By way of the present appeal, the appellant seeks to assail the judgement of conviction and order on sentence dated 18.01.2017, passed by ASJ, Rohini Courts, Delhi in the case arising out of FIR No.242/2015 registered under Sections 392/397/34 IPC at P.S. Adarsh Nagar in Session Case No.58807/2016. Vide the order on sentence dated 18.01.2017, the appellant was directed to undergo rigorous imprisonment for a period of 8 years for the offence punishable under Section 397 IPC, alongwith payment of fine of Rs.2,500/-, in default whereof he was directed to further undergo rigorous imprisonment for a period of 3 months. The benefit of Section 428 Cr.P.C. was provided to the appellant. 2. Briefly stated, the facts of the present case are that as per the FIR, on 10.04.2015 at around 4:00 PM, the victim was intercepted by two individuals, one of them is the appellant herein, while he was returning after Signature Not Verified Signed By:GAUTAM CRL.A. 176/2017 Page 1 of 4 ASWAL Signing Date:26.07.2025 20:24:24 collecting approximately Rs. 4,80,000/- from various customers in the Swaroop Nagar area. The appellant along with the co-accused namely Prem, overtook the two-wheeler scooter of the victim, forced him to stop near Lawrence Road, and at gunpoint, robbed him of the bag containing the aforesaid amount, leading to the registration of the present FIR No. 242/15 at PS Adarsh Nagar. 3. The Trial Court framed charges vide order dated 18.02.2016 under sections 392/397/34 IPC again