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TMI Blog2020 (8) TMI 909X X X X Extracts X X X X X X X X Extracts X X X X ..... flicted by such disability particularly at the time of the crime and that but for such impairment, the crime would not have been committed. The reasons given by the High Court for disbelieving these defences are thus well reasoned and unimpeachable. Regardless thereto and given the ingrained principles of our criminal law jurisprudence which mandates that substantive justice triumph limitations of procedure, this Court on 22.07.2020 tried to enquire into the mental health of the appellant, by requesting the learned Additional Solicitor General to get the appellant mentally examined. However, notwithstanding such efforts, the appellant who had been granted bail by this Court earlier, is untraceable. Given such inability of the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... boys, who then contemplated murdering him by stabbing, so that he would not report the matter to the police. Hearing commotion of passers-by, the three boys left the complainant and ran towards a warehouse. The complainant then returned to his home and reported the matter to the jurisdictional police the following evening. This complaint was subsequently converted into an FIR on 20.05.2001 at 7:45PM. 3. A police party, on 20.05.2001 at about 8:30PM, during routine checking of buses near GT Road, noticed three boys surreptitiously deboarding a bus through the rear door. On suspicion, Constable Vinod Kumar (PW-4) and Constable Prakash Chand (PW-7) chased and apprehended them, and recovered a prohibited buttondar knife from the appellant a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment under Section 397/34 of IPC, five years rigorous imprisonment under Section 392/34 of IPC, two years rigorous imprisonment under Section 25 of the Arms Act and fine of rupees five thousand (or imprisonment of six months in lieu thereof). 7. The appellant approached the High Court which dismissed the charge under Section 397 of IPC, and instead convicted him under Section 394 with a reduced sentence of only two years rigorous imprisonment. Another co-accused, Mohd Aslam, was acquitted on charges of robbery as the version of the complainant qua him was found doubtful. The High Court noted that although as per the FIR three unidentified persons had robbed the victim but PW-1 admitted during his cross-examination that he previously k ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CONTENTIONS OF PARTIES 10. These very same arguments have again been canvassed before us by learned counsel for the appellant. Assailing the judgments of the High Court and the trial Court on the charge of robbery, he urged that the prosecution failed to discharge its burden of proof beyond reasonable doubt. He asserted that lack of independent witnesses, absence of injuries on the person of the complainant as well as the inconsistency in the complainant s version regarding his knowledge of co-accused Mohd Aslam, all together evidenced that no incident of robbery ever took place. Further, the FIR had been lodged after an unexplained delay of three days, despite the police station being walking distance from the site of the incident, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , (2015) 6 SCC 308] The three-day delay in registration of FIR, as projected by the appellant, is devoid of factual basis. The original record shows that the complaint was, in fact, registered within a few hours of the incident on 18.05.2001. It was because of preliminary police enquiry that another two days passed between reporting and subsequent lodging of FIR on 20.05.2001. 14. Pleas of unsoundness of mind under Section 84 of IPC or mitigating circumstances like juvenility of age, ordinarily ought to be raised during trial itself. Belated claims not only prevent proper production and appreciation of evidence, but they also undermine the genuineness of the defence s case. 15. As noted by the High Court, no evidence in the form of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SCC 219] Further, it must be established that the accused was afflicted by such disability particularly at the time of the crime and that but for such impairment, the crime would not have been committed. The reasons given by the High Court for disbelieving these defences are thus well reasoned and unimpeachable. 18. Regardless thereto and given the ingrained principles of our criminal law jurisprudence which mandates that substantive justice triumph limitations of procedure, this Court on 22.07.2020 tried to enquire into the mental health of the appellant, by requesting the learned Additional Solicitor General to get the appellant mentally examined. However, notwithstanding such efforts, the appellant who had been granted bail by this C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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