Delhi District Court
State vs Krishna Babua on 21 October, 2014
IN THE COURT OF SHRI DEEPAK WASON
ACMM-SOUTH-WEST: DWARKA COURTS: NEW DELHI
FIR No. 82/09
PS: Dwarka Sector-23
u/s 356/379/411 IPC
State Vs Krishna Babua
Date of Institution of case:- 06.04.2009
Date of Judgment reserved:- 21/10/2014
Date on which Judgment pronounced:-21/10/2014
JUDGMENT
Unique ID no. of the case : 02405R0412012009
Date of commission of offence : 07/01/2009
Name of complainant : Smt.Rinku Raina
W/o Sh. Kamlesh Kaul
R/o D-51, Plot No. 17, Sec-4, Dwarka
New Delhi.
Name and address of accused : Krishna @ Babua
S/o Sh. Ram Avtar
R/o B-511, Gali No.32,
Mahavir Enclave, Delhi.
Offence complained of : 356/379/411 IPC
Plea of accused : Pleaded not guilty
Date of order : 21.10.2014
Final order : Accused Convicted for the
offences u/s 356/379 IPC
BRIEF REASONS FOR DECISION:
1. The story of the prosecution in brief is as under:-
Accused has been sent to face trial under Section 356/379/411 Indian Penal Code (hereinafter called as IPC) on the allegations that on 07/01/2009 at about 11.45 AM, at a place at Sector 5 near Nala, Dwarka, New Delhi within the jurisdiction of PS FIR No. 82/09 PS Dwarka Page no.1/6 Dwarka, the accused used criminal force and snatched a purse containing ICICI ATM Cards, Standard Chartered ATM Cards HDFC Credit Corporate Card, PAN Card, Cash Rs. 700/-, two gold bangles and SBI Bank Cheque Book and a Mobile Phone make Nokia Black colour Moden 2626 from the person of complainant Smt. Rinku Raina without her consent and with dishonest intention. On the basis of the said allegations, the present FIR bearing no. 82/09 was registered at Police Station Dwarka and accused has been charged with for the offences under Section 356/379/411 IPC. It is a matter of record that in the present case one other accused Kailash @ Bhusa was also arrested alongwith the present accsued and in the TIP proceedings conducted at Tihar Jail, complainant failed to identify the accused Kailash and accordingly, accused Kailash was discharged before filing of charge-sheet.
2. After investigation, charge sheet was filed against the accused Krishna @ Babua. The copies of charge sheet were supplied to the accused in compliance of Section 207 Code of Criminal Procedure (hereinafter called as Cr.P.C.) and charge under section 356/379/411 was framed against the accused, to which he pleaded not guilty and claimed trial.
3. The prosecution was thereafter given opportunity to prove the accusation against the accused and examined seven witnesses.
4. PW 1 is Smt. Rinku Raina:- As per prosecution story, she is the complainant in the present case, whose testimony would be discussed at an appropriate stage.
5. PW 2 is HC Vinod Kumar. He has deposed that on FIR No. 82/09 PS Dwarka Page no.2/6 04/02/2009, he was posted as DO with duty hours from 8.00 am to 8.00 pm and on receipt of rukka Ex.PW-2/A sent by ASI Sita Ram, he recorded present FIR Ex.PW-2/B.
6. PW-3 is Ct. Rajesh. He has deposed that on 08/02/2009, he was posted at Spl. Staff, SW Distt., Sector-9 Dwarka, New Delhi and on that day he alongwith SI Gyanender Rana, HC Jaivir and Ct. Mahesh were on patrolling duty in area of Sector-11 near DDA Sports Complex, Dwarka where accused Kailash @ Bhusha and Krishna @ babua were arrested u/s 41.1(A) Cr.P.C. He has further deposed that information was received by SI Gyanender Rana through one secret informer and both accused were thoroughly interrogated who stated about the commission of offences committed by them, then reduced into writing vide disclosure statement i.e. Mark A & Mark B. He has further deposed that accused had disclosed about the commission of offence in case FIR No. 82/09 PS Dwarka and then one mobile phone instrument make Nokia Black Colour Model 2626 IMEI No. 355722021785910 was got recovered at the instance of accused Krishna @ Babua which was taken into possession u/s 102 Cr.P.C. vide memo Mark C. He has further deposed that accused Krishan @ Babua was taken at the place of incident i.e. at Sector-5, near Nala, Dwarka and pointed towards the place of incident and pointing out memo was prepared. He has further deposed that the accused was arrested u/s 41.1(d) Cr.P.C. and the IO of this case FIR No. 82/09 was informed. He has further deposed that statement of accused Krishna @ Babua was recorded vide DD No. 6 by SI Gyanender Rana vide Ex.PW-4/A and the seizure of the stolen mobile is Ex.PW-4/B. This witness also cross-examined by ld. Defence counsel at length.
7. PW-4 is Sh. Vishal Gogne, Ld. MM:- He has deposed FIR No. 82/09 PS Dwarka Page no.3/6 that on 09/02/2006, he conducted TIP of accused Kailash @ Bhusa on an application Ex.PW-4/A and on 10.02.2009 he went to Tihar Jail for conducting the Judicial TIP of accused Krishna and Kailash @ Bhusa. He has further deposed that he conducted the judicial TIP of accused Krishna as Ex.PW-4/B and copy of the same was provided to IO on filing of application Ex.PW-4/C.
8. PW-5 is Ct. Naresh Kumar:- He has deposed that on 22.02.2009 he was posted at PS Dwarka Sector 23 and on that day he joined investigation with IO. He has deposed that accused Kailash and Krishna were taken out from the lock up who led the police party to the spot and then IO prepared pointing out memos Ex.PW-5/A and their disclosure statement is Ex.PW-5/C.
9. PW-6 is HC Amar Chand:- He has deposed that on 09/02/2009 he was posted at PS Dwarka and on that day, he alongwith IO ASI Sita Ram reached at Sector-9, Dwarka where IO ASI Sita Ram arrested the accused Kailash and Krishan vide arrest memo Ex.PW-6/A and Ex.PW-6/B and thereafter, accused were produced before the Court. The accused Krishna was correctly identified by the witness.
10. PW-7 is SI Gyanender:- It is a matter of record that testimony of PW-4 has been recorded two times but by different names i.e. Sh. Vishal Gogne and SI Gyanender Rana, however, SI Gyanender be read as PW-7. He has deposed that on 08/02/2009 he was posted as SI at Special Staff, South West, Sector-9 and one Secret informer had come to the office of special staff and informed that two boys who were involved in the offence of robbery, would be coming at DDA, Sports Complex, Sector-11. He has further deposed that he informed senior officers about this information and FIR No. 82/09 PS Dwarka Page no.4/6 prepared a raiding party consisting of himself, HC Jaiveer, Ct. Mahesh and Ct. Rajesh alongwith secret informer and went to Sector 11 near DDA sports Complex. He has further deposed that two boys were seen coming on a motorcycle from the side of sector 19 to DDA Sports Complex. He has further deposed that on pointing out of secret informer, both boys were apprehended by them and were asked about the ownership of the motorcycle. He has further deposed that on on giving their unsatisfactory answer they were booked under Kalandra u/s 41.1 (a) Cr.P.C. as both were found in possession of stolen motorcycle. He has further deposed that both were thoroughly interrogated and their disclosure statement was also recorded and both accused had disclosed their involvement in present case and pursuance to their disclosure one mobile phone was recovered at the instance of accused Krishna. He has further deposed that accused Krishna was taken to the place of incident and pointing out memo was prepared.
11. Perusal of record shows that accused is facing trial for the offences under section 356/379/411 IPC and in these circumstances, testimony of the complainant as well recovery witnesses are material one.
12. PW-1 i.e. Smt. Rinku Raina is complaiant. She has deposed that on 07.01.2009, at about 11.30 11.45 AM, she was coming from her son's school with her son in a rickshaw and when they reached in Sector-5 near Nala, two boys came on motorcycle from backside and snatched her purse and fled away. She has further deposed that she shouted for help and went to her residence and dropped her son and informed the police at no. 100 and PCR Van came there and police took her complaint vide Ex.PW-1/A. She has further deposed that she revealed all the facts FIR No. 82/09 PS Dwarka Page no.5/6 of incident to the police and police prepared the site plan at her instance. She has further deposed that she was called by the police in Tihar Jail in respect of identification of the boys who has snatched her purse and she identified one of the boy at Tihar Jail before Hon'ble Judge who was conducting the proceeding. This witness has also identified the accused present in the court. She has also identified the case property i.e. Nokia Mobile Phone which is Ex.P-1. Perusal of her testimony shows that she has specifically deposed against accused and shown his involvement in the present case. She has correctly identified the accused before the Court as well in the TIP proceedings. Further, she was not cross-examined by the accused and her testimony remained unrebutted and unchallenged. Perusal of further record shows that all the other witnesses examined by the prosecution are also supporting the case of the prosecution and their statement on record is found to be cogent, inspire the confidence of the court and there is no reason to disbelieve the same and they are all corroborating each other on all material respects and there is no inconsistency contradictions in their statement. Hence, in view of the submissions made above and after scanning the entire record, I have no hesitation to hold that the prosecution has successfully able to prove the guilt of the accused persons for the offences u/s 356/379 IPC and accordingly accused is convicted for the offences punishable under Section 356/379 IPC. Since, accused has been convicted for the offences u/s 356/379 IPC, he cannot be convicted for the offence u/s 411 IPC.
(Deepak Wason) Additional Chief Metropolitan Magistrate Dwarka Court, New Delhi Announced in the open court today i.e on 21/10/2014 FIR No. 82/09 PS Dwarka Page no.6/6