Hon'ble Judges/Coram:
Dr. Arijit Pasayat and Devinder Kumar Jain

JUDGMENT

Arijit Pasayat, J.

1. Challenge in this appeal is to the judgment of the learned Single Judge, Delhi High Court, dismissing the appeal filed by the appellant and affirming his conviction for offences punishable under Sections 452, 392 and 397 of the Indian Penal Code, 1860 (in short the 'IPC') and sentencing him to undergo one year, two years and seven years rigorous imprisonment respectively with fine in each case with default stipulation. The sentences were directed to run concurrently.

2. Prosecution version in a nutshell is as follows: Complaint was filed by Balwant Singh (hereinafter referred to as the Complainant-PW1) alleging as follows:

On 8.8.1984 he was sitting at Kali Mata Ka Mandir, Udaseen Ashram at Village Taharpur, Shahdara, Delhi. He acts as a priest in the temple. Donations were collected from various persons to build the temple and he was maintaining the temple. He was residing at the temple and performing regular puja. On 8.8.1984 at about 9.30 p.m., after performing evening puja and aarti and after having dinner he was doing meditation when five persons including two accused persons namely the present appellant and one Ram Saran and three persons who were Sikhs and whose names he did not know but could identify them, entered into the temple, tied him with a rope and ran away with the donation box with cash of about Rs.5,000/-. Appellant was carrying a knife, Ram Saran was having a lathi and one of the three others who was a Sikh was having a revolver. After some time two local persons namely Kanwar Singh and Dr. Salekh Chand came to the temple and they also saw five persons running towards Gagan Cinema. Both of them identified the appellant and Ram Saran; they untied the rope and cried for help. After hearing their cry several local residents gathered at the temple and the complainant narrated the whole incident to them. Complainant along with Kanwar Singh and Dr. Salekh Chand and Ors. went to lodge report at the police station, Seema Puri. But the duty officer did not listen to him and the local residents and directed them to go away. On 9.8.1984 complainant made a written complaint to the Prime Minister, police officials but to no avail. Therefore, the complaint was filed on 31.8.1984. After going through the evidence, the learned Magistrate came to the conclusion that there was material to proceed against the appellant, Ram Saran and the three others. He committed the case in the Court of Sessions as offence relatable to Section 395 IPC is exclusively triable by that Court. Accused Dilawar Singh pleaded innocence. Ram Saran died during the proceedings and the charges against him were dropped. Except PW-1, no other witness was examined. It was stated by the prosecution that Dr. Salesh Chand, Kanwar Singh and Ors. could not be traced despite the liberty granted to the prosecution. The trial court found that the delay in making a grievance has been explained and complainant's version was acceptable.

3. The appeal before the High Court was dismissed by the impugned judgment on the ground that PW1's evidence was clear and cogent.

4. In support of the appeal learned Counsel for the appellant submitted........