2018 (12) TMI 1966

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.... for offence punishable under section 411 IPC and rigorous imprisonment for a period of one year and to pay fine of Rs. 5,000/- for offence punishable under section 482 IPC and in default thereof to undergo simple imprisonment of three months. 2. As per the prosecution on 19/20.12.2015 at about 12:45 am accused Sunil, Desh Raj and Mohd. Afsar, in furtherance of their common intention, robbed white colour Hundai Verna Car bearing registration number DL 10 CS-6743 by forcibly removing its keys and a sum of Rs. 50,000/- from the pocket of complainant Sh. Sandeep @ Kala (PW3) by threatening him with a pistol on his stomach, when the complainant had got the car to the flower market for decorating it. 3. As per the prosecution on 29.04.2016....

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....sed regarding the robbery of white color Verna Car from flower market, Parwana Road on 28.04.2016. 5. SI Jitender Singh (PW14) reached the spot alongwith ct. Pawan Kumar (PW10). He corroborated the facts as deposed by the PW10. In addition to the documents already proved, he has proved tehrir EX. PW14/A, site plan EX. PW14/B before the Trial Court. He has further stated that in the month of April, 2016, he prepared untrace report but on 26.04.2016 information regarding the arrest of accused Sunil @ Sethi who disclosed about his involvement in the present case. 6. HC Praveen (PW15) deposed before the Trial Court that accused Sunil while in police custody was interrogated by SI Karan Singh and he confessed about his involvement in the p....

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....llage Harsinghpur, Hapur, U.P. and got the white Verna car, on which, number plate HR-26BS-7774 was there, which was found parked in the courtyard of his house. IO checked the engine number and chassis number of the said car and the same matched with the robbed car of the present case. Said forged number plates were removed and were seized vide seizure memo Ex. PW15/J after preparing a pullanda and sealing the same with the seal of "AS". The said Verna car along with its key was also seized vide seizure memo Ex. PW15/K. 7. Ct. Mahesh (PW16) corroborated the version of PW15 on the point of joining the investigation on 28.04.2016 and in addition to the documents proved by PW15, this witness also proved arrest memo of accused Deshraj EX. PW....

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....ildren, wife and aged parents who are suffering from medical ailments. The family of the Appellant has financial stringency. 14. By order dated 02.11.2018 report was called for from the probation officer. 15. Report dated 26.11.2018 has been filed by the probation officer. as per the report, enquiries made have revealed that accused is a well responsible person and was never involved in any kind of offence. Family of the accused comprises of his old parents, who are suffering from age related ailments wife and six children aged between 04 years and 13 years. The probation officer has stated that there is no legal history of the accused except the subject case. No behavioural pattern was observed and has no habit of any kind of addicti....