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Monday, September 28, 1998

Conviction time zero as sentence comes seven years after robbery

EXPRESS NEWS SERVICE  
NEW DELHI, September 27: More than seven years ago Shyam stole a gold chain from a woman at the Jhandewalan bus stand. He had been in judicial custody since July 5, 1991, and was only recently convicted under Section 379 (theft) of the Indian Penal Code (IPC).

While he has been sentenced to three years rigorous imprisonment, Shyam is actually a free man. The judge ordered that his sentence be set off against the time he spent in custody. Additional Sessions Judge Y.S. Jonwal acquitted the three other accused, saying that the prosecution had failed to prove its case against them.

On the afternoon of June 11, 1991, accused Shyam, Malia alias Manglia and Suresh allegedly threatened one Nargis with a knife and robbed her gold necklace. Charges were framed against them under Sections 393 (robbery), 397 (robbery or dacoity with attempt to cause death or grievous hurt), read with Section 34 (common intention) IPC.

Accused Pappu then allegedly sold the chain for Rs 3,600. He was charged under Section 412 (dishonestly receiving stolen property) IPC.

The prosecution examined 12 witnesses, of which four later turned hostile. Nargis told the court she was with her daughter and sister-in-law at the Jhandewalan bus stand that day when a youth, around 26-27 years old, snatched her necklace weighing 1.5 tolas. She identified Shyam as the thief in court. Nargis, however, did not make any statement against the other three accused.

She also told the court that after registering a complaint with the Pahar Ganj police, she and her daughter went to Uttarkashi on a two-month tour.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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