Delhi High Court Upholds Conviction in TSR Robbery Case, Dismissing Appeal.
22 November 2024
Theft >> Criminal Law
This appeal challenges the conviction of the appellant, Rajeev Sonu, under Section 397 IPC in a robbery case. On 16.03.2001, the complainant was robbed by four assailants while driving a TSR. The accused, including Rajeev, threatened the complainant with knives, stole his money and belongings, and then tied him up before fleeing in the TSR. The accused were later apprehended and the stolen vehicle recovered.
The appellant’s appeal was contested on the grounds of the complainant's inconsistent testimony, failure to conduct a Test Identification Parade (TIP), and the lack of recovery of the weapon (knife). The court found the complainant's identification credible despite the lack of TIP, emphasizing that identification in court could still be accepted. Additionally, the recovery of the TSR and personal belongings corroborated the complainant's account. The court dismissed the appellant’s arguments and upheld the conviction, citing that the recovery of the knife was not necessary to prove the offense under Section 397 IPC.
The appeal was dismissed, and the conviction of the appellant was affirmed.