Delhi District Court
State vs . Yagya Dutt Sharma on 1 October, 2022
IN THE COURT OF SH VAIBHAV CHAURASIA:
METROPOLITAN MAGISTRATE-04: NORTHWEST DISTRICT:
ROHINI DISTRICT COURTS: NEW DELHI
STATE VS. YAGYA DUTT SHARMA
FIR No. 426/2017
PS (Keshav Puram)
Date of Institution: 29.08.2019
Date of Judgment : 01.10.2022
JUDGMENT
(a) Serial Number of the case : 5236/2019
(b) Date of commission of offence : 12.08.2017
(c) Name of the complainant : Sh. Amar S/o Shri Pal
(d) Name of Accused, his : Sh. Yagya Dutt Sharma @ Jaggu
parentage & residence S/o Manoj Kumar Sharma
R/o D667, Gali no. 18,
Bhajan Pura, Delhi.
(e) Offence complained of : Under Section 392/411/34 IPC
(f) Plea of Accused : Pleaded not guilty
(g) Final order : Acquittal
BRIEF STATEMENT OF REASONS FOR THE DECISION
1) The accused Yagya Dutt Sharma has been sent to face trial under Section 392/411/34 IPC within the jurisdiction of PS Keshav Puram, Delhi that on 12.08.2017 at about 9.50 pm in front of Park near Kanhiya, Jhuggi, FIR No. 426/2017 PS Keshav Puram State Vs. Yagya Dutt Sharma page no. 1 of 6 Delhi within the jurisdiction of PS Keshav Puram, he along with his associate namely Gujjar (who could not be apprehended) committed robbery of one Parcel containing mobile phone make Lenovo of the complainant Sh. Amar and thus committed an offence punishable u/s 392/34 IPC and further that on 19.09.2017, near Shantiwan Red light, service road, he was found in possession of abovesaid mobile phone as per seizure memo Mark X which he had received or retained with knowledge or having reasons to believe the same to be the stolen property thereby committed an offence punishable u/s 411 IPC also.
2) Upon completion of investigation, chargesheet was filed in the Court, accused was summoned by the Court and the accused was admitted to bail after he entered appearance. Copy of the chargesheet alongwith the documents was also supplied to the accused in compliance of provisions of Section 207 of Code of Criminal Procedure.
3) After consideration of submissions, notice was framed against the accused for the commission of offence under 392/411/34 IPC upon the accused Yagya Dutt Sharma specifically by Ld Predecessor to which accused pleaded not guilty and claimed trial.
4) To prove its case, the prosecution commenced its evidence.
5) PW1 Amar S/o Sh. Shri Pal, R/o H.No. J3/269, Wazirpur, Ashok Vihar, Delhi deposed that he is residing at the above said address alongwith his family. On 12.08.2017, he was working as delivery boy in Amazon online company. On that day, at about 9.4510.00 pm, he reached at Prerna Chowk, in front of Park, Near Kanhaiya Nagar Jhuggi, FIR No. 426/2017 PS Keshav Puram State Vs. Yagya Dutt Sharma page no. 2 of 6 where 34 boys were standing and he asked them the way of C2, Keshav Puram as he had to deliver a parcel to someone. The said 34 boys forcefully removed one parcel containing mobile phone from his bag. Today he cannot identify the person who had removed the parcel from his delivery bag. After that he went to PS Keshav Puram to give his complaint regarding the incident. IO recorded his complaint which is Ex.PW1/A bearing his signature at point A. He could not see the face of accused persons who had robbed his parcel containing mobile phone. At this stage, attention of the witness is drawn towards accused Yagya Dutt Sharma, who is present in the court today, but witness failed to identify him. His above mentioned parcel was containing mobile phone make Lenovo. He handed over the copy of bill of above said mobile phone to the IO. IO recorded his supplementary statement. He cannot identify the case property i.e. mobile phone as the same was packed and sealed in parcel).
6) PW2 HC Surya Prakash deposed that on 19.09.2017, he was posted at SIU Crime Branch as Constable. At around 8.30 am in the morning, he was present in the Crime Branch Office. HC Amit Kumar informed him regarding one secret information that one person will come at Shantivan Red Light Area, near to Crime Branch Office to sell one stolen / robbed mobile phone. It was also told to him that this mobile phone was robbed in Keshav Puram area. He alongwith ASI Yashpal Singh and HC Amit Kumar went to Shantivan Red Light as it was near to the office, they reached there by walking. On a service road coming from Rajghat to Shantivan, they saw one boy/ accused coming carrying one mobile phone Box in his right hand. The informer pointed towards the boy / accused. They caught the accused and took his mobile box which he was FIR No. 426/2017 PS Keshav Puram State Vs. Yagya Dutt Sharma page no. 3 of 6 carrying in his right hand. On interrogating about the mobile box, the accused did not reply any relevant answer. After that, IO HC Amit opened up the box in which he found one Lenovo Black colour mobile phone. IO switched on the mobile phone and noted down the IMEI number of the same. IO confirmed in PS Keshav Puram regarding the report of robbery of the recovered mobile phone. PS Keshav Puram confirmed that one FIR has been lodged bearing no. 427/2017 regarding the robbery of the mobile phone. IO prepared the Kalandra on the spot. Same is now exhibited as Ex.PW2/A. IO recorded the disclosure statement of the accused which is now Ex.PW2/B bearing signature as witness at point A. IO prepared the seizure memo of the recovered memo phone already exhibited as MarkX. IO arrested the accused person vide arrest memo Ex.PW2/C bearing his signature at point A. Accused person was personally searched by the IO vide personal search memo Ex.PW2/D bearing his signature at point A. They reached at Crime Branch Office at about 12.00 noon alongwith the accused and the case property. IO Amar Pal recorded his statement u/s 161 Cr.PC in PS Keshav Puram. Accused is present in the Court that and correctly identified by the witness. At this stage, MHC(M) produced the case property in a white colour polythene (unsealed condition) containing one white colour mobile phone box bearing FIR Number and leveled as Lenovo Z2 Plus. The box is opened and found containing one black colour mobile phone of Lenovo. Same is shown to the witness and witness correctly identifies the same. The same is now Ex.P1.
7) It has been categorically held by Hon'ble Supreme Court of India in Sh. Satish Mehra vs Delhi Administration & Anr on 31 July, 1996 FIR No. 426/2017 PS Keshav Puram State Vs. Yagya Dutt Sharma page no. 4 of 6 "But when the Judge is fairly certain that there is no prospect of the case ending in conviction the valuable time of the Court should not be wasted for holding a trial only for the purpose of formally completing the procedure to pronounce the conclusion on a future date. We are under heavy pressure of workload. If the Sessions Judge is almost certain that the trial would only be an exercise in futility or a sheer waste of time it is advisable to truncate or ship the proceedings at the stage of Section 227 of the Code itself."
8) In view of fact that the sole eyewitness has failed to identify the accused and is also could not identify the property, therefore benefit of doubt is give to accused Yagya Dutt Sharma @ Jaggu S/o Manoj Kumar Sharma Henceforth, accused Yagya Dutt Sharma @ Jaggu S/o Manoj Kumar Sharma stands acquitted.
Decision
9) In view of the aforesaid discussion, with the prosecution failing to prove its case against the accused beyond reasonable doubts, the accused Yagya Dutt Sharma @ Jaggu S/o Manoj Kumar Sharma stands acquitted and is given the benefit of the doubt and is hereby acquitted of the offence under 392/411/34 IPC in FIR no. 426/2017, PS Keshav Puram.
10) He is directed to furnish bail bond/surety bond for Rs. 10,000/ each under section 437A of Code of Criminal Procedure and is directed FIR No. 426/2017 PS Keshav Puram State Vs. Yagya Dutt Sharma page no. 5 of 6 to be present before the Ld. Appellate Court as and when notice is served upon him.
Announced in the Open Court on 01.10.2022 (VAIBHAV CHAURASIA) Metropolitan Magistrate04 / North West District Rohini District Court/New Delhi Certified that this judgment contains 06 pages and each page bears my signature.
(VAIBHAV CHAURASIA) Metropolitan Magistrate04 / North West District Rohini District Court/New Delhi FIR No. 426/2017 PS Keshav Puram State Vs. Yagya Dutt Sharma page no. 6 of 6