Delhi District Court
State vs Amit Seth & Ors on 5 June, 2009
IN THE COURT OF SH. M. P. SINGH: METROPOLITAN
MAGISTRATE-02/WEST : DELHI
STATE Vs AMIT SETH & ORS
FIR NO : 163/05
U/SEC : 356/379/411/34 IPC
PS : HARI NAGAR
JUDGMENT
Serial No of the Case : 36/II/08
Date of Commission of offence : 04/06/2005
Date of institution of the Case : 08/03/2006
Name of the Complainant : Anuja Karana w/o
Late Sh Deepak
Karna
Name of accused, parentage & Address : 1. Amit Seth s/o Sh Rajinder Seth r/o WZ-10A, Gali No 18, Krishna Park, PS Tilak Nagar, Delhi
2. Vishal s/o Sh Lakh Raj r/o L.73A, New Mahabir Nagar, Delhi Offence Complained or proved : U/sec 356/379/411/34 IPC Plea of the accused : Pleaded not Guilty.
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Final order : Acquitted
Date of Judgment : 05/06/2009
JUDGMENT
1. Case of the prosecution is as follows that on 04/06/2005 at 10:30 P. M at Service Road, D2A Block, Infront of Flat No. D2A 14, Janak Puri, Delhi accused Vishal assaulted and used criminal force on the person of Ms Anuj Karana and snatched her bag containing Rs 1110/-, visiting car and cheque book of HDRC bank and accused Vishal passover the said bag to co- accused Amit who was the pillion rider on the motorcycle No HR 26 F 8684. Complainant Ms Anuja Karana raised an alarm and accused Amit was apprehended with the abovesaid bag at the spot and accused Vishal managed to escape from there and the abovesaid bag was apprehended from the accused Amit which he retained knowingly that the same is a stolen property and thereby both the accused persons committed offence punishable under section 356/379/411/34 IPC.
2. After the usual investigation chargesheet was filed against both the accused persons on 08/03/2006
3. Charge for the offence U/sec 356/379/411/34 IPC was framed against both the accused persons on 29/08/2006 to which accused both the accused persons pleaded not guilty and claimed trial ::3::
4. After the framing of charge the matter was posted for PE. During the course of PE prosecution had examined only one witness namely PW1 Mukesh Gupta.
5. No prosecution witness had appeared thereafter and prosecution evidence had been closed by court order dated 22/09/2007. Subsequently, an application U/sec 311 CrPC was moved by the State which however was dismissed vide detailed order of this court dated 29/05/2009. The present matter was therefore fixed for SA/Final arguments.
6. Perusal of the file reveals that the material witness PW1 Mukesh Gupta has not at all supported the case of the prosecution. The only eye witness, Smt Anuja Karana who could link the accused with the crime is untraceable. The IO of this case had himself appeared before the court on 31/01/2007 and stated that the witness Smt Anuja Karana is not traceable and her whereabouts are unknown. This statement of the IO was recorded in the court and it was thus that the prosecution evidence came to be closed.
7. I have perused the only testimony of PW1 that was recorded on 21/09/2007. PW1 has not at all supported the case of the prosecution. He has deposed in his testimony that he never saw any incident happening and that he never apprehended any of the persons. He has also deposed that he did not know whether the police had recorded his statement.
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8. In such circumstances I do not find any incriminating evidence which can be put to the accused persons U/sec 313 CrPC. Statement of accused is therefore dispensed with. Both the accused namely Amit Seth s/o Rajinder Singh and Vishal s/o Lakh Raj are acquitted. Their bail bonds stand cancelled, their sureties are discharged. File be consigned to record room.
Announced in the Open Court M. P. SINGH
on 05th June, 2009 METROPOLITAN MAGISTRATE
DELHI