The Thane Sessions Court has convicted 21-year-old Afzal Ahmad Shamim Ahmad Khan under the charges of robbery with intent to cause grievous hurt and mischief causing damage, thus sentencing him to three years of rigorous imprisonment (RI) under Section 393 of Indian Penal Code (IPC) and six months under Section 427 of IPC

The case, which dates back to September 22, 2017, was initially registered against two accused—Ashish Gupta and Afzal Khan. While Gupta was convicted earlier, Khan had been absconding until his recent arrest. The court has now found Khan guilty of attempted robbery and assaulting an Uber driver, rejecting his plea for leniency.

According to the prosecution, the crime took place around 4:30 a.m. when complainant Vijay Dharmaraj Mishra, an Uber driver, was waiting near Indian Oil Petrol Pump, Manpada, Thane, and was resting for a while, when the two accused approached him, asking for a ride to Vadavali. When Mishra refused, they left on a bike but soon returned. The accused, thus  knocked on the car windows and demanded that Mishra open the door. When he refused, one of them smashed the car’s left-side glass with a stone. The duo forcefully dragged the driver out of his car, attempted to snatch his mobile phone, and assaulted him with kicks and fists. One of the accused used a knife to injure Mishra’s left wrist. Hearing the victim’s cries for help, another cab driver, Mayur, intervened, managing to catch Ashish Gupta, while Khan fled the scene.

Following the incident, Mishra called the police emergency helpline (100). The police arrested Khan within an hour at his residence, where he was found in possession of ₹1,050 in cash and a knife cutter.

During the trial, the prosecution presented strong witness testimonies, including witness statements from Vijay Mishra, the complainant, and several policemen. The victim in his statement had identified both accused and provided a detailed account of the assault and robbery attempt before the prosecution. The police further have also recovered the stolen money as well as the knife, which was used by the accused to assault the victim.

The court noted that no Test Identification (TI) parade was conducted, but ruled that the victim’s immediate identification of Khan at the police station was sufficient evidence.

Khan’s advocate has requested the court to show some leniency against him while awarding quantum of sentence, citing his long imprisonment during the trial and claiming that no further crimes were registered against him. However, the prosecution opposed any relief, calling Khan a habitual offender.

After considering the case, the court ruled that since his co-accused Gupta had already been convicted and sentenced, Khan should receive the same punishment. The court convicted him under IPC Sections 393 and 427, sentencing him to three years of rigorous imprisonment (RI) under Section 393 (Attempted Robbery), and Six months of RI under Section 427 (Mischief Causing Damage).