A Delhi court has sentenced a man to four months in jail for possessing Rs 270 allegedly robbed from a woman after she identified the cash but failed to recognise him or the weapon used in crime.
Additional Sessions Judge Virender Kumar Goyal handed down the jail term to Delhi resident Jagdish under section 411 (dishonestly receiving stolen property) of the IPC after it was established that Rs 270 out of Rs 400 allegedly robbed from the woman was recovered from his possession.
The court, however, acquitted him of the robbery charge, saying that the complainant Phool Devi, who was running s cigarette shop, could neither identify him nor the knife, allegedly used to threaten her.
"The complainant failed to identify the man and the knife used in allegedly committing robbery...Prosecution has not been able to prove the offence against him," it said.
The judge, however, sent him to jail saying, "the recovery of a part of the robbed amount has been proved beyond reasonable doubts...Prosecution has been able to prove offence under section 411 (dishonestly receiving stolen property) of IPC, for which, he is held guilty and convicted."
The judge, while considering his antecedents, took a lenient view saying, "I have considered the submissions made on behalf of the convict and state along with age, character and antecedents of the convict. Considering the same, four months simple imprisonment is imposed on him."
It also imposed a fine of Rs 1,000 on Jagdish and directed that it be paid to the woman "on account of physical or mental harm, including pain, suffering and emotional distress".
According to the prosecution, on the evening of July 29, 2014, when Phool Devi was closing her beedi-cigarette shop and counting her cash earned that day, Jagdish came to shop and purchased beedi from her.
When she asked him to pay, he took out a knife and snatched Rs 400 cash from her hand and fled from the spot, it said. The police were informed and the accused was arrested.
While acquitting Jagdish of robbery charge, the court noted that during her cross examination, the woman failed to identify him and had said that police had obtained her thumb impression on blank papers.
However, it convicted the man for possessing the robbed amount as the woman had identified the money.
During the trial, Jagdish had pleaded innocence and sought leniency on the ground that he had been in judicial custody since August 3, 2014.
