A Delhi court convicted three men of robbing chocolates and cash using a toy gun at a convenience store in East Delhi’s Preet Vihar in February. Additional Chief Metropolitan Magistrate Anuj Aggarwal found the three men, Sanjay Kumar, Rohit and Vishal Singh, guilty under IPC sections 392 and 34. The order on sentencing is yet to be pronounced.
As per court records, on February 15, the accused entered the Big Apple store in Preet Vihar with a toy gun. They made the security guard, a supervisor and another store staff stand in line and took three boxes of Ferrero Rocher chocolates, a face wash, some shampoos and Rs 23,300 in cash.
The men were later arrested by Special Staff officers in the district.
The court had relied on witness testimonies and found them consistent with the prosecution’s story. The court added that “while appreciating their evidence, the court must not attach undue importance to minor discrepancies, but must consider broad spectrum of the prosecution’s version. Being the victims/eyewitnesses, they would be most keen to ensure the real culprit does not go scot-free and there is no reason they would frame innocent persons in such a serious offence… ”
The accused’s counsel argued they were shown to the witnesses at the police station, which rendered the trial inconsequential.
But the ACMM noted, “Ideally, the IO should not have shown the accused to the witnesses in the police station… however, in my view, due to the IO’s fault, the otherwise credible testimony of eyewitnesses ought not and rather cannot be treated as washed off.”