Vikas @ Vicky vs State on 10 March, 2016

2. Briefly stated the prosecution case, as reflected in the charge-

sheet, was that on 16.04.2011 at about 10.15 pm under bye-pass flyover,

service road, in between GT Road and Outer Ring Road, the appellants

along with their associate Deepak @ Nepali (since Juvenile) committed

robbery upon Braham Dev Singh and deprived him of his briefcase

containing clothes, school certificates, ₹3,500 cash, two mobile phones,

ATM card and driving licence. The assailants inflicted injuries on

complainant’s body during the crime. The police machinery came into

motion on receipt of intimation at 10:40 p.m. about the occurrence and

Daily Diary (DD) No.58B (Ex.PW2/A) came into existence. The

investigation was assigned to ASI Charan Singh. The Investigating

Officer after recording victim’s statement (Ex.PW14/A) lodged the FIR.

The victim was medically examined. Statements of witnesses conversant

with the facts were recorded. During investigation, all the three assailants

were apprehended; they declined to participate in the Test Identification
Crl.A.No.1499/2013 Page 2 of 8
Proceedings. Certain recoveries were affected from their possession. Upon

completion of investigation, a charge-sheet was filed against the

perpetrators of the crime. Deepak @ Nepali being juvenile was sent

before Juvenile Justice Board to face trial. The prosecution examined

twenty seven witnesses. In 313 statement, the appellants denied their

involvement in the crime and pleaded false implication. The trial resulted

in their conviction as aforesaid. Being aggrieved and dissatisfied, the

instant appeals have been filed.

Source: Indian Kanoon

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