Thu. Mar 4th, 2021

Arvind @ Body Guard vs State on 14 January, 2021

2 min read

1. The present appeal has been filed by the appellant to set aside the
judgment of conviction and order on sentence dated 19.03.2018 passed by
learned ASJ, East District, Karkardooma Courts, Delhi in SC No.2316/2016
pertaining to FIR No.624/2016, for the offences punishable under Section
392 IPC read with Section 397 IPC, registered at Police Station Shakarpur,
Delhi and to acquit the appellant.
2. The case of prosecution is that on 09.06.2016 at about 9.30 am, during
emergency duty, ASI Anand Kumar was assigned DD No.9A, who along
with Ct. Dinesh reached just ahead of Metro line at Yamuna Bank Railway
Line, near Pole No. 1/28, Shakarpur, Delhi, and in the way, he met

CRL.A.589/2018 Page 1 of 20
complainant Anil Kumar, and with him, they walked towards the said spot,
and the ASI Anand Kumar recorded statement of complainant who stated
that he was working in a Security Office, at S-559, School Block, Shakarpur
and on 09.06.2016, he was coming from Hapur to Delhi by a train and at
about 8.00 am when train reached ahead of Metro Line at Yamuna Bank,
Shakarpur, it stopped as no signal was received. Since his office was near to
the said place, he got down from the train and started walking. In the
meantime, train also went away after receiving signal and till then he had
walked a little distance. A boy came from behind and asked him as to where
he hailed from, and thereafter that boy took out a knife and asked him to
take out whatever he was having with him. The said boy took a sum of
Rs.7,000/- from his ‘Pithoo Bag’ (the bag hanging on his back) and took out
his mobile phone make Nokia Lumia 730 (from left pocket of his pant)
forcibly, however, that boy returned him, (the complainant) two SIMs No.
9212412810 and 9410454970 after taking out from the said mobile.

Source: Indian Kanoon

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