CRL.A. 521/203 & CRL.A. 51/203 Page 1 of 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 23.07.2025 Pronounced on : 28 .07 .2024 + CRL.A. 521/2003 SUBHAN ...Appellant Through: M r. Gaurav Sharma, M s Sakshi Jha and M s. Aakanksha Sharma, Advs. versus STAT E (GNCT) OF DELHI ...Respondent Through: M s. Shubhi Gupta, AP for State with SI Komal, P.S. Subhash Place. + CRL.A. 551/2003 M ASOOM ...Appellant Through: M r. Gaurav Sharma, M s Sakshi Jha and M s. Aakanksha Sharma, Advs. versus THE S TATE OF NCT OF DELHI ...Respondent Through: M s. Shubhi Gupta, AP for State with SI Komal, P.S. Subhash Place. CORAM : HON'BLE M R. JUSTICE M ANOJ KUM AR OHRI JUDGM ENT 1. The appellants have instituted the present appeals seking setting aside of the i mpugned judgment of conviction dated 24.02.2003 and order on sentence dated 25.02.2003 passed in Sessions Case No.110/1999 arising out of the FIR No.238/1999 under Sections 395/397/398/411/34 IPC CRL.A. 521/203 & CRL.A. 51/203 Page 2 of 8 registered at PS Saraswati Vihar, Delhi. 2. As the present appeals arise out of the same impugned judgement and common submissions have ben addressed on behalf of both the appellants, both the appeals are decided by a common judgment. Notably, along with the present appellants, another convict Jahangir @ Afzal @ Rakesh also impugned the judgment of conviction vide Crl. Appeal No. 276/2003, which was dismissed for non -prosecution by the Coordinate Bench of this Court vide order dated 06.09.2009. At this stage, it is pertinent to note that the sentence of the app ellants Subhan and Masoom was suspended vide orders dated 19.02.2004 and 10.05.2005 respectively, whereafter they failed to appear before this Court and despite notices issued to the appellants as well as their sureties, the same remained unserved with the UHPDUNVµDGGUHVVGRHVQRW trace the appellants remained unsucessful. In this eventuality, M r. Gaurav Sharma, learned counsel for the appellants who is on the panel of Delhi High Court Legal Services Committe was appointed to repre sent the appellants vide order dated 31.01.2024 . 3. The facts in brief, as noted by the learned Trial Court , are that on the intervening night of 05/ 06.04.1999 at about 3 a.m. in the night, the complainant Rameshwar Dayal was sleping in his house along with his family members at House No.103, Sharda Niketan, Delhi, when he was woken up by some one , and found himself surounded by five young boys and they were carying pistols, Katta, knives, Khurki, screw driver etc . and they asked him to tell as to wher e the valuable s were lying. He was taken to the back side room where his father Ram Narain and brother Rakesh were sleeping and they searched his almirah and took out Rs.500/ - lying there.