Years after FIR, Delhi court discharges man for robbery, pulls up cops for misuse of power

The FIR was filed in 2016 wherein the complainant alleged that the accused visited his shop and asked for clothes. When the complainant said the shop didn’t have a stock of the clothes, the accused, along with his associates, allegedly attacked the complainant and took his phone which was lying on the table.

Advocate Deepak Sharma, representing the accused, said Kumar was falsely implicated and that another accused, Golu,specifically named by the complainant, was not apprehended by police officials.

Sharma also argued that the phone allegedly taken by the accused was billed in the name of some Deepika and that charges of robbery were not made out on the accused.

Additional Public Prosecutor representing the state argued that sufficient prima facie evidence existed to frame robbery charges against the accused.

Judge Mittal noted that to attract robbery charges, it must be shown that the hurt was specifically caused in order to commit theft of the mobile phone, which in this case was not proven.

The accused was charged with offences under sections 323, 341 (wrongful restraint, voluntarily causing hurt) and 34 (act done by several persons with common intent) of the IPC. Pankaj pleaded not guilty and claimed trial. He was subsequently directed to appear before the court in March next year.