Delhi District Court
State vs . Swaran Kaur @ Chhabbo on 5 February, 2020
IN THE COURT OF PREETI PAREWA, METROPOLITAN MAGISTRATE06
NEW DELHI DISTRICT, PATIALA HOUSE COURTS, NEW DELHI
JUDGMENT
STATE Vs. SWARAN KAUR @ CHHABBO FIR NO. 07/2011, U/s 392/394/34 IPC POLICE STATION SAGARPUR A. CIS No. of the Case : 50808/2016 B. Date of Institution : 26.11.2012 C. Date of Commission of Offence : 10.01.2011 D. Name of the complainant : Sh. Ajeet Singh, S/o Sh. Narayan Singh Negi, R/o H. No. 533, Pocket7, Durga Park, DDA Flats, Sagarpur, New Delhi.
E. Name of the Accused, her : Swaran Kaur @ Chhabbo Parentage & Addresses W/o Sh. Hemraj, R/o RZ768, Gali No. 4, Main Sagarpur, New Delhi.
F. Offence complained of : U/s 392/394/34 IPC G. Plea of the Accused : Pleaded not guilty and claimed trial H. Order reserved on : Not reserved I. Date of Order : 05.02.2020 J. Final Order : ACQUITTED
Brief Statement of Reasons for Decision of the Case
1. It is the case of the Prosecution that on 10.01.2011, at about 7.45 pm, at gali no. 15, Shiv Puri, Sagarpur, Delhi, accused Sawaran Kaur @ Chhabbo alongwith her associates namely Harman, Amarjeet and State Vs. Swaran Kaur @ Chhabbo. FIR No.07/2011 U/s 392/394/34 IPC PS Sagarpur Page No. 1/ 5 Bajrangi (since not traceable), in furtherance of their common intention, committed robbery of brown coloured purse having Rs.2,900/ (5 currency notes of Rs.500/ each and 4 currency notes of Rs.100/ each), election identity card of Narain Singh and other documents including some visiting cards, belonging to complainant Ajeet Singh and accused Sawaran Kaur @ Chhabbo alongwith her aforesaid associates, in furtherance of their common intention, voluntarily caused hurt to the complainant while committing robbery of aforesaid purse. On 11.01.2011, accused Sawaran Kaur @ Chhabbo was found in possession of Rs.2,100/ (4 currency notes of Rs.500/ each and 1 currency note of Rs.100/) and election identity card of Narain Singh as per seizure memo Ex.PW1/C. Accused Sawaran Kaur @ Chhabbo was chargesheeted for the offence punishable under Section 392/394/34 of Indian Penal Code, 1860 (hereinafter, referred to as 'IPC').
2. FIR was registered and has been investigated by the officials of PS Sagarpur and the chargesheet was filed in Court upon which cognizance was taken on 26.11.2012 by the learned Predecessor of this Court.
3. Accused appeared on service of summons and copy of chargesheet under Section 207 Cr.P.C. was supplied to her.
4. Vide order dated 08.03.2013, accused Sawaran Kaur @ Chhabbo was charged for offences punishable u/s 392/394/34 IPC, by the Ld. State Vs. Swaran Kaur @ Chhabbo. FIR No.07/2011 U/s 392/394/34 IPC PS Sagarpur Page No. 2/ 5 Predecessor of the court to which she pleaded not guilty and claimed trial.
5. Thereafter, matter was listed for Prosecution Evidence. In Prosecution Evidence, the Prosecution has examined only one witness in support of its case.
6. In nutshell, the testimony of the Prosecution witness is as follows:
(i) PW1 / SI Yad Ram who is Investigating Officer of the case and deposed on the lines of investigation conducted by him and proved endorsement Ex.PW1/A on the statement of complainant, site plan Ex.PW1/B, seizure memo of recovery of cash amount of Rs.2,100/ and election identity card Ex.PW1/C, arrest memo of accused Ex.PW1/D, personal search memo of accused Ex.PW1/D, disclosure statement of accused Ex.PW1/F and 9 photographs of case property Ex.P1 (colly). This witness was crossexamined on behalf of the accused.
7. However, the complainant could not be produced by the Prosecution despite repeated opportunities being granted and since other Prosecution witnesses were of formal nature, the Prosecution evidence was closed vide order dated 03.02.2020.
8. On 05.02.2020, statement of the accused under Section 313 read with 281 Cr.P.C. was recorded wherein she stated that she is innocent and has been falsely implicated in this present case. She expressed no State Vs. Swaran Kaur @ Chhabbo. FIR No.07/2011 U/s 392/394/34 IPC PS Sagarpur Page No. 3/ 5 desire to lead defence evidence. Accordingly defence evidence was closed vide order dated 05.02.2020.
9. Final arguments heard. Case record perused meticulously.
10. This Court has thoughtfully considered the material on record and arguments advanced.
11. In the present case, the most crucial prosecution witness was the complainant, who could not be produced by the Prosecution to depose before the Court. Further, no public witness has been made to join the recovery proceedings and recovery of the currency notes in question can not be said to be the recovery of the 'stolen property' as defined under Section 410 IPC as it could not be established by the Prosecution that they were the same currency notes which were robbed from the complainant. Also, despite the recovery being made on the date of arrest, the complainant has not been made a witness to the same. This casts a shadow of doubt upon the story of Prosecution.
12. Thus, in the light of above said discussion and reasons, in the opinion of this Court, the case of the prosecution could not be established beyond all reasonable doubts. Consequently, accused Swaran Kaur @ Chhabbo is found not guilty and resultantly, she stand acquitted in the present case.
State Vs. Swaran Kaur @ Chhabbo. FIR No.07/2011 U/s 392/394/34 IPC PS Sagarpur Page No. 4/ 513. Accused is directed to furnish bail bond and surety bond in the sum of Rs.10,000/ each under Section 437A Cr.P.C. Bonds furnished. Considered and accepted for a period of six months from today.
14. File be consigned to Record Room.
Announced in the open (PREETI PAREWA)
Court on 05th February, 2020 MM06 / NDD / PATIALA HOUSE
COURT, NEW DELHI
State Vs. Swaran Kaur @ Chhabbo. FIR No.07/2011 U/s 392/394/34 IPC PS Sagarpur Page No. 5/ 5