Delhi: Court sentences convict to five year jail term for robbing businessman at Gun point

New Delhi [India], September 5 : Delhi's Tis Hazari Court on Thursday sentenced a convict to five years in prison for a daylight robbery at Kashmiri Gate, where two brothers were held at gunpoint and robbed.
The other accused individuals involved in the case remain at large, as they could not be apprehended by the police.
This case is related to an FIR registered in the year 2018.
Additional Sessions Judge (ASJ) Ekta Gauba Mann sentenced Shadab alias Salman to five years imprisonment.
"I am of the considered view that interest of justice will be served, if for the offence punishable under section 392 (Robbery) /34 (Common Intention) IPC, the convict Shadab alias Salman is sentenced to rigorous imprisonment for a period of five years and to pay fine of Rs. 35,000," ASJ Mann ordered on September 4.
Further, out of the fine amount of Rs.35,000, a sum of Rs.10,000 each is awarded as compensation to the complainant Ankur Goel and Achint Goel towards their monetary, mental and physical loss suffered by them due to the said act of the convict and further a sum of Rs.11,519/- being the state expenses, is also awarded out of the fine amount and the remaining fine amount be deposited with the Court.
The court refused to take a lenient view towards the convict Shadab.
"Although, the convict Shadab is not a previous convict. But, he had not only robbed the complainant and his brother in the broad day light by putting a pistol on them but also created fear in the mind of public at large of coming to Delhi for the business purposes," the court said in the order.
"Therefore, to uphold the rule of law in the society, I deem it appropriate not to take any lenient view," ASJ Mann held.
As per Prosecution, on 23 September, 2018 at around 8:00 a.m. in the morning, the convict Shadab came on a bike along with co-accused and stopped the TSR by parking their bike ahead of it at red light near Mori Gate Gol Chakker and in the meantime, two other boys came on another motorcycle to aid execution of robbery and both the bike riders got down and came near the TSR, Convict Shadab put a pistol on Achint Goel, passenger in the said TSR and robbed Achint Goel of his gold chain and gold ring and also robbed his brother Ankur Goel of his gold bangle.
As per the complaint, he and his brother, being residents of Haryana had come from Ahmedabad, Gujarat, to Delhi at New Delhi Railway Station for their business purpose.
On May 31, while convicting the accused the court had expressed its displeasure over investigation of a robbery case not in a proper and fair manner and not making efforts to trace out three out of four accused.
The court had informed the Ministry of Home Affairs (MHA) to take action against the Investigation Officer (IO).
The court had Convicted sole arrested accused Shadab alias Salman under sections related to robbery with deadly weapon.
This case pertains to an FIR of robbery lodged in Kashmiri Gate Police Station in 2018.
The court had Convicted Shadab for the offences related to robbery.
" Thus, prosecution has been able to prove all the essential ingredients for the offence punishable Under section 392/397/34 IPC against the accused. Hence, accused Shadab alias Salman is accordingly convicted for the offence punishable under Section 392/397/34 IPC," the court ordered on May 31.
The court had remarked that despite the statement of victims of robbery and one public that the Offence was committed by four accused, the IO did not make efforts to trace out three others
"It is observed that although the eyewitnesses, namely Ankur Goel, Achint Goel and Girish Pandey (Public Witness), all have proved the complaint that there were four accused persons at the time of robbery but Investigating Officer SI Ashok Kumar has not conducted investigation in a proper and fair manner and not tried to trace out the other three co-accused persons despite the fact that the present case pertains to the year 2018," Special judge said in the judgement.
The court had ordered, "Hence, copy of this judgment be sent to the Ministry of Home Affairs, Govt. of India, Delhi for information and necessary action that IO SI Ashok Kumar has not properly investigated the present matter as per law qua other accused persons for reason best known to IO."
The case of prosecution is that on the complaint made by complainant Ankur Goel on 23.09.2018 that on the said date at around 8:00 a.m in the morning he was traveling with his cousin brother Achint Goel in an Auto Rickshaw. When they reached at the red light near Mori Gate Gol Chakker then from behind two boys came on a bike and stopped the auto rikshaw by parking their bike ahead of it and both the bike riders got down and one of them came near him and the another came with a pistol.
The said bike rider put the pistol on Achint Goel to take out whatever they had. In the meantime, two other boys came on another motorcycle and the said two boys watched all around to aid the execution of robbery, Goel alleged.
It was also alleged that the complainant gave his gold bangle and his brother Achint Goel gave his gold chain and gold ring to them and then, all the said four boys on their respective motorcycle ran away towards the Tis Hazari side. On this complaint, FIR was registered and investigation was carried out, the accused was arrested and chargesheet was filed under Section 392/397/34 IPC.