Metropolitan Magistrate (MM) Ankur Jain awarded two-year jail term to convict Kamar Khan noting that the snatched earring had not been recovered from him.
"Considering the family background of the accused and the fact that he has been convicted under section 379 (punishment for theft) of the IPC which attracts punishment of three years and the fact that the gold earring snatched by the accused was not recovered, I am of the view that the ends of justice would be met if accused Kamar Khan is sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs 5,000," the court said.
According to the prosecution, 24-year-old Kamar Khan had snatched the gold earring of complainant Savita when her husband had stopped his scooter at a traffic signal at Welcome Colony area in North East Delhi in July 2009.
It said the accused came from the back side and snatched the woman's earring from her right ear and started running. When she raised an alarm, her husband and several other persons chased Khan who jumped into a nearby fish pond, it said.
Khan was pulled out by Savita's husband and other people and was handed over to the police.
Police said the accused had thrown the earring in the pond and it could not be recovered from him while a piece of earring's chain was recovered from him.
Khan pleaded for leniency saying that he was falsely implicated in the case and that he was working as a tailor and was the only bread