Rahul Gurung vs State ( Govt Of Nct Of Delhi) on 3 June, 2016

Crl.A. 675/2015 & 767/2015 Page 1 of 8
Kausar has been directed to undergo rigorous imprisonment for 7 years and
fine of `5000/- for offence punishable under Section 397 IPC. Both Rahul
Gurung and Mohd. Kausar have also been directed to undergo rigorous
imprisonment for 3 years and fine of `5000/- each for offence punishable
under Section 392/34 IPC besides Rahul Gurung also directed to undergo
rigorous imprisonment for 2 years and fine of `1000/- for offence
punishable under Section 411 IPC. It has also been directed that half of the
amount of the total fine imposed be paid to the complainant.
2. Process of law was set into motion on receipt of DD No.20A recorded
at 1.10 pm on July 12, 2012 at PS Moti Nagar informing that a robbery had
taken place at House No.E-197, Karam Pura. ASI Rajinder Kumar reached
the spot and recorded the statement of Ms. Sujata Raj who stated that on
July 12, 2012 when her husband had gone for work and her two sons Meet
Raj and Lakshay Raj and her nephew Azad had gone to school, she was all
alone at home. At about 12.30 pm, one boy aged 22-23 years, medium built,
wheatish complexion rang the door bell. On her asking, he informed that
there was a courier in the name of her husband Tilak Raj. She opened the
door. The boy asked for water. She went to the kitchen to get bottle and
glass and when she came back, she found the boy in the drawing room. She
asked the boy as to how he entered inside and should go outside. In the
meantime, one more boy entered the house. The second boy who was aged
about 27-28 years, dark complexion, stout built stated that he would sit there
only and before she could say anything, that boy gagged her mouth and kept
a knife on her neck and threatened her not to make noise. In the meantime,
two more accomplices entered the house, one of them had pistol who was
tall, fair complexion and stout built. He kept the pistol on her ear and the

Crl.A. 675/2015 & 767/2015 Page 2 of 8
fourth boy who was around 27-28 years of age, wheatish complexion and
medium built sealed her mouth with packing tape and tied her hands at the
back side with a string. Those boys asked her about cash and jewellery on
which she pointed out towards the bedroom. They took her to the bedroom.
The boy having pistol continued to hold her. Remaining three boys searched
the almirahs and took out all gold and silver jewellery and around `15-20
thousands in cash. They put them in one black colour bag which bag was
brought by the fourth boy. All the four boys kept asking about cash and
kept searching. After about half an hour, they went away, however they
took out the SIM card of her mobile phone, tied her with a saree and put her
in the bathroom. With great difficulty, she opened her hand and desealed
her mouth by a scissor. From the neighbourhood, she informed her husband
about the incident, who in turn informed the police. Thus, she sought action
against the boys. On the statement of Sujata Raj, FIR No.148/2012 under
Sections 392/397/34 IPC was registered at PS Moti Nagar.

Source: Indian Kanoon

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