Delhi High Court Dismisses Appeal in 2002 Assault and Robbery Case, Upholds 7-Year Sentence

The Delhi High Court, in a judgment delivered on September 15, 2025, by Justice Rajneesh Kumar Gupta, dismissed the appeal of Budh Bhaskar in CRL.A. 994/2002, upholding his conviction and 7-year rigorous imprisonment sentence for a violent assault and robbery incident from 2002. The case, originating from FIR No. 301/2000 at Police Station Kalyanpuri, involved Bhaskar and his late father Ramlot, who attacked complainant Raj Kumar with knives, robbing him of Rs. 9,200.

The incident occurred on September 18, 2002, when Raj Kumar, after collecting money in Seelampur, was returning home via bus route 319. Disembarking near Kondli pull at 10:15 PM, he was ambushed by Bhaskar, Ramlot, and two others. Ramlot restrained Kumar while Bhaskar and his accomplices inflicted knife wounds on his chest, armpit, back, and thigh. Escaping, the assailants stole a thaili containing the cash. Kumar alerted police via a relative, leading to his hospitalization and the FIR under Sections 307/34 and 392/397/34 IPC.

The trial court convicted Bhaskar on November 14, 2002, sentencing him to 7 years RI with a Rs. 2,000 fine each for attempted murder and robbery, with additional default terms. The appeal, filed under Section 374(2) CrPC, argued the conviction relied on conjectures, citing contradictions in witness testimonies, lack of recovered weapons or money, and absent surgical reports in the MLC. The defense claimed false implication due to enmity with the complainant’s landlord.

Justice Gupta, however, found the prosecution’s case robust, supported by nine witnesses, including Kumar and medical evidence from SDN Hospital. The court noted the complainant’s immediate reporting and consistent statement under Section 164 CrPC, dismissing minor inconsistencies as immaterial. The non-examination of the landlord or other witnesses was deemed non-fatal, given the direct evidence. With Ramlot’s appeal abated due to his 2014 death, Bhaskar’s challenge was rejected, affirming the trial court’s findings.

The judgment reinforces judicial trust in victim testimonies in violent crime cases, despite evidentiary gaps, and serves as a deterrent against armed assaults. Bhaskar, who has served part of his sentence, may seek further relief based on time served. The ruling, aligning with prior legal precedents, underscores the importance of prompt reporting and corroborative evidence in sustaining convictions.

Case Details: Budh Bhaskar v/s State, CRL.M.A.11621/2024

Click HERE for full judgment


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