MOHD. SALMAN vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 03.02.2026 Judgment pronounced on: 05.02.2026 + CRL.A. 993/2017 MOHD. SALMAN .....Appellant Through: Ms. Pallavi Shamia Kansal, Mr. Saurabh Kansal and Mr. Suraj Kr. Jha, Advocates. Versus STATE .....Respondent Through: Mr. Pradeep Gahalot, APP for the State with SI Mohd. Ayyob CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 374(2) read with Section 383 of the Code of Criminal Procedure,(the Cr.Pc) the first accused in S.C No. 41/2024 on the file of the learned Additional Sessions Judge (FTC), E- Court, Shahdara Karakardooma, Delhi challenges the conviction entered and sentence passed against him for the offences punishable under Sections 394 read with Section 34 of the Indian Penal Code (the IPC) . CRL.A. 993/2017 Page 1 of 7 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:05.02.2026 16:35:39 2. The prosecution case is that on 11.06.2013 at about 11:30 PM at Shiv mandir vali Gali No. 10, Maujpur Delhi, the accused persons two in number, in furtherance of their common intention, robbed the mobile phone and an amount of ₹ 700/- from PW1 and in the process voluntarily caused hurt to him. Hence, as per the charge sheet, the accused persons are alleged to have committed the offences punishable under Sections 394, 411 read with Section 34 IPC 3. On the basis of Ext PW4/A FIS of PW4, given on 12.06.2013, Crime no.167/2013, Jaffrabad Police Station, that is Ext PW2/A FIR was registered by PW2, Head Constable. PW 7, Sub Inspector conducted investigation into the crime and on completion of the same filed the charge sheet/final report alleging commission of offences punishable under the above mentioned sections. 4. When the accused