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State vs Amit @ Sonu on 6 June, 2011

                         IN THE COURT OF MS VRINDA KUMARI 
                      ADDL. CHIEF METROPOLITAN MAGISTRATE: 
                        EAST/KARKARDOOMA COURTS/DELHI


                         State V/s  Amit @ Sonu
PS: Anand Vihar 
FIR No: 93/06
U/s: 356/379/34 IPC.

JUDGMENT

a).    ID No. of the case                   :       02402R0313602006

b).    Sr number of the case                :       182/06/06

c).    Date of commission of offence        :       15.02.2006

d).    Name of complainant , if any         :       Smt. Manju Jain,
                                                    W/o Sh. Manish Jain,
                                                    R/o D­28, Surajmal Vihar,
                                                    Delhi.



e).    Name & address  of accused           :       Amit @ Sonu,
                                                    S/o Ishwar Das,
                                                    R/o A­2/338, Nand Nagri,
                                                    Delhi.

f).    The offence complained of            :       U/s 356/379/34 IPC

g).    The plea of accused                  :       Pleaded not guilty.

h).    Final order                          :       Acquitted.

i).       The date of such order            :       06.06.2011


State Vs. Amit @ Sonu               FIR  no. 93/06                            Page no.1 /3

BRIEF STATEMENT OF THE REASONS FOR THE DECISION:­

1. The allegations against the accused is that on 15.02.2006 at 9.45 p.m. in front of D­34, Surajmal Vihar, within the jurisdiction of PS Anand Vihar, he alongwith some unknown person in furtherance of common intention assaulted and used criminal force on Smt. Mannu Jain in snatching her chain which she was then wearing and also snatched her chain, thereby, committed offence punishable u/s 356/379/34 IPC.

2. Charge for the offence u/s 356/379/34 IPC was framed on 05.02.2008. The accused pleaded not guilty and claimed trail.

3. Prosecution examined ASI Madan Kumar no. 867, Security as PW­1. He has proved the FIR no. 93/06 as Ex PW 1/A. Ct. Munesh Kumar, no. 816 DAP is PW­2. He has testified that IO Mohan Singh recorded the statement of the Complainant and prepared Rukka. The rukka was handed over to him and the FIR was got registered. He further testified that the IO prepared a site plan at the instance of the Complainant.

4. Despite repeated attempts, the presence of the Complainant could not be procured. In these circumstances, the court observed that it would be a futile exercise to continue with the trial. Vide order dated 06.06.2011, PE was directed to be closed.

State Vs. Amit @ Sonu FIR no. 93/06 Page no.2 /3

5. Since nothing incriminating came in evidence against the accused. Statement of accused u/s 313 Cr.P.C was dispensed with. Final arguments were addressed on the same date. I have perused the records carefully. Since, nothing incriminating has come on record against the accused, the accused Amit @ Sonu is acquitted. Bail Bond stands cancelled. Surety stands discharged. Endorsement, if any, made on any document be canceled and documents, if any, seized or deposited be released on proper receipt and identification. File be consigned to record room. Announced in the open Court on this 6th day of June, 2011.

(VRINDA KUMARI) ADDL.CHIEF METROPOLITAN MAGISTRATE ­I:

EAST/KARKARDOOMA COURTS, DELHI State Vs. Amit @ Sonu FIR no. 93/06 Page no.3 /3