Delhi High Court on Conviction in Armed Robbery: Appeals Dismissed.

Headnote:

The High Court upheld the conviction of appellants involved in a 2015 armed robbery in Delhi. Eyewitness testimony, recovery of stolen items, and forensic evidence corroborated the prosecution’s case. Minor inconsistencies in statements and non-examination of certain witnesses did not undermine the credibility of the evidence. The appeals against convictions under Sections 392/397/411 IPC and Sections 25/54/59 Arms Act were dismissed.

Background:

1. The incident occurred on 24–25 July 2015, involving robbery of cash, gold items, and mobile phones from victims Marut Sharma and Ankur Sharma in a moving car.
2. FIR No. 349/2015 was registered under Sections 392/397/411 IPC.
3. Appellants were apprehended based on secret information, with recoveries of weapons and stolen items at their instances.
4. Some accused refused to participate in TIP (Test Identification Parade).

Trial Court Findings:

1. Jaswinder Singh was convicted for driving the car during the robbery (Sections 392/411 IPC).
2. Neeraj was convicted for assault with a knife and possession of stolen items (Sections 397/411 IPC, Arms Act).
3. Chandan was convicted for assault with a country-made pistol and possession of stolen items (Sections 397 IPC, Arms Act).
4. All sentences were directed to run concurrently, with fines imposed.

Court’s Observations:

1. Eyewitnesses reliably identified the appellants and attributed specific roles to each.
2. Recovery of weapons and stolen items at the appellants’ instance was credible.
3. Variations in witness statements were minor and did not affect material facts.
4. Non-examination of certain public witnesses did not render the prosecution case weak.
5. Forensic examination confirmed the country-made pistol’s functionality; knife dimensions violated Arms Act regulations.

Decision:

1. Convictions under Sections 392/397/411 IPC and Sections 25/54/59 Arms Act were upheld.
2. Appeals dismissed.
3. Appellants Jaswinder and Neeraj to serve remaining sentences; bail bonds cancelled.

Legal Provisions Discussed:

1. Sections 392, 397, 411 IPC – Robbery and dacoity with deadly weapons
2. Sections 25/54/59 Arms Act, 1959 – Illegal possession of firearms

Citation: 2025:DEL:CRL.A:764/2023 & connected appeals

Court: High Court of Delhi at New Delhi

Coram: Justice Manoj Kumar Ohri

Date of Decision: 17 November 2025