SALIM vs STATE (NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17.11.2025 + CRL.A. 395/2017 SALIM .....Appellant Through: Mr. Rashid Hasmi Advocate alongwith appellant versus STATE (NCT OF DELHI) .....Respondent Through: Ms. Shubhi Gupta, APP for State With SI Rajesh Kumar, PS Mukherjee Nagar, SI Hemant Kumar, PS Jafrabad CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. By way of the present appeal, the appellant seeks to assail the judgment of conviction dated 08.12.2016 and the order on sentence dated 14.12.2016, passed by the learned ASJ-02 (North-East), Karkardooma Courts, Delhi in Sessions Case No. 37/12, arising out of FIR No. 35/2010 registered at P.S. Jafrabad under Sections 382/34 IPC. By the impugned judgment, the appellant Salim was held guilty of the offence punishable under Section 392/34 IPC, and was acquitted of the charge under Section 397 IPC, the co-accused Dildar was acquitted of all charges. 2. Vide the order on sentence dated 14.12.2016, the appellant was sentenced to undergo four years’ Rigorous Imprisonment and to pay a fine Signature Not Verified Digitally Signed By:NIJAMUDDEEN ANSARI CRL. A. 395/2017 Page 1 of 7 Signing Date:19.11.2025 20:28:53 of Rs.5,000/-, and in default, to further undergo three months’ Simple Imprisonment, for the offence under Section 392 IPC. The Trial Court directed that the appellant be given the benefit of Section 428 Cr.P.C. 3. During the pendency of the present appeal, the sentence imposed upon the appellant was suspended by this Court vide order dated 16.08.2017, and the appellant was accordingly released on bail. 4. The prosecution case, briefly stated, is that on 09.02.2010, complainant Riazuddin (PW-1) was allegedly robbed of Rs.5,000/–, two State Bank cards, two SIM cards, two credit cards, one driv