NDLI: Mohd. Anwar Vs. The State (n.c.t. of Delhi)

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Arms Act Penal Code
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Arms Act, 1959 (54 of 1959) Indian Penal Code (45 of 1860)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Penal Code, 1860 – s. 394 – Arms Act, 1959 – s. 25 – The prosecution case was that victim-complainant was caught hold by three boys armed with weapons and extorted Rs. 30,000/- from him – FIR was registered – Police apprehended all three accused persons and they confessed committing the said robbery – They were produced before the Metropolitan Magistrate for a Test Identification Parade, which they refused to undergo – The Trial Court held all three accused guilty of robbery with an attempt to cause grievous hurt and sentenced them to 7 years rigorous imprisonment u/s. 397/ 34 of IPC, 5 years rigorous imprisonment u/s. 392/34 of IPC and 2 years rigorous imprisonment u/s. 25 of the Arms Act – The High Court dismissed the charge u/s. 397 and instead convicted u/s. 394 with a reduced sentence of only two years rigorous imprisonment – Before the Supreme Court, it was contended by the appellant that he was juvenile at the time of occurrence and was undergoing treatment for a mental disorder – Held: Testimonies of the witnesses were impeccable and corroborative of each other – The crime of robbery with hurt was established – The complainant had no motive to falsely implicate the appellant – The refusal to participate in the TIP proceedings undoubtedly establish the appellant’s guilty conscience – Pleas of unsoundness of mind or mitigating circumstances like juvenility of age, ought to have been raised during the trial – No evidence in the form of a birth certificate, school record or medical test was brought forth nor any expert examination has been sought by the appellant to prove his age – Instead, the statement recorded u/s. 313 Cr. P.C. showed that the appellant was above 18 years of age – Further, the plea of mental disorder also remained unsubstantiated – The conduct of appellant like running away from the spot of crime and thereafter an attempt to escape show elevated level of mental intellect – The answers recorded u/s. 313 Cr. P.C. were also not mechanical or laconic – Further, the appellant is now as per record untraceable – The plea of mental illness is a made-up story – Consequently, appellant’s bail bonds are cancelled and the respondent-State directed to take appellant into custody to serve the remainder of his sentence.
Judge	Hon'ble Mr. Justice Surya Kant
Neutral Citation	2020 INSC 496
Petitioner	Mohd. Anwar
Respondent	The State (n.c.t. Of Delhi)
SCR	[2020] 7 S.C.R. 150
Judgement Date	2020-08-19
Case Number	1551

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