Delhi District Court
State vs Ravi And Others on 31 August, 2012
IN THE COURT OF MS.CHHAVI KAPOOR
METROPOLITAN MAGISTRATE-07:
NORTH DISTRICT, TIS HAZARI COURTS
DELHI
FIR No.04/08
State Vs Ravi and others
U/s 457/380/411/34 IPC
PS Civil Lines
C/No.181/2C
U. ID No.02401R0526672008
Date of Institution :07.03.2008
Date of commission of offence :Between 06.01.2008 - 07.01.2008
Name of the complainant :Satya Narayan
Name and address of accused :(1) Ravi S/o sh Nanak Chand
R/o H 34, Majnu Ka Tilla, Delhi
(2) Dabbu @ Kana S/o Sh.Birbal
R/o 9/39, Old Chandrawal, Delhi
(3) Vijay S/o Prem Singh, R/o
L-12, Majnu Ka Tilla,Delhi.
Offence charged with :Section 411 IPC
Plea of guilt : All accused pleaded not guilty
Final Order : All accused convicted u/s 411 IPC
Date on which order has been :17.08.2012
reserved
Date of pronouncement of :30.08.2012
Judgment
JUDGMENT
1 Police have filed a report under section 173 Cr.P.C., thereby chargesheeting the Accused (1) Ravi S/o Nanak Chand, (2) Dabbu @ Kana S/o Birbal and (3) Vijay S/o Prem Singh with having committed an offence punishable under section 457/380/411/34 IPC. The prosecution story ,in FIR No.04/08 PS Civil Lines S/v Ravi & Others 1/6 brief, ,is as under ;-
2 On 07.01.2008 , a DD No.9 PP , Majnu Ka Tila, was received by ASI Rajender Singh , pursuant to which , he and Const. Sanjeev reached at the place of the incident i.e. house No.A 18, Majnu Ka Tila , where they met with the complainant Satya Narayan and got his statement recorded. In his complaint, Satya Narayan alleged that on 06.01.2008, he and his parents had gone to Sonia Vihar and his wife had put a lock on the premises at 8.00 PM in the night as she herself had to proceed for her official duties. It was further alleged that at 8.30 AM, on the next day, complainant Satya Narayan came back to his premises and noticed the lock and the door lying open. It was stated that on entering the premises, it was revealed that a theft had taken place as all the articles were lying scattered. On enquiry, it was revealed that one box, some clothes, few glass utencils, one suit case containing few sarees, one pair of golden jhumkis, two gold bangles, one pair of silver pajeb and Rs.15,000/- cash had been stolen. The complainant prayed that his articles be traced out and the offenders be brought to hook. Upon this complaint, a rukka was prepared by ASI Rajender Singh and an FIR was registered. Upon further investigation, the accused were apprehended and recoveries were made at their instance. The recovered case property were got identified by the complainant and witnesses in Test Identification Parade. Investigation was concluded by ASI Rajender Singh and he filed a challan before the court. Cognizance of the offence was taken and the Accused were summoned for trial. Upon their appearance ,copies under Section 207 Cr.P.C. were supplied to the Accused and a charge under section 411 IPC was framed against all of them, to which they pleaded "not guilty" and claimed trial.
3 Prosecution examined the following eight witnesses in support of its case;-
4 PW 1 ASI Suresh Rani deposed that on 07.01.2008, she was posted as duty officer in PS Civil Lines from 8.00 AM to 4 PM. She further deposed that at about 1.10 PM, she received a rukka from const. Sanjeev Kumar , sent by ASI Rajender Singh, on the basis of which, the present FIR was registered by her.
FIR No.04/08 PS Civil Lines S/v Ravi & Others 2/6 5 PW 2 Satya Narayan ( Complainant ) deposed that on 07.01.2008,
he had gone to visit a friend at Wazirabad and his wife had gone to her job and that , on returning the next morning, he had noticed the handle of the door (kunda) lying broken but with an intact lock. He further deposed that on entering his room, he found that somebody had stolen his house hold articles including golden ornaments of his wife, some utensils , clothes and Rs.15,000/- . He stated that he had gone to the police station thereafter, where his complaint was recorded . He further stated that within 2/3 days of the said incident, he got to know that the accused had been apprehended . Witness stated that he had identified a cash amount of Rs.3,000/- and some jhumkis, which were recovered from the accused. 6 PW 3 Subhadra (wife of Complainant; Satya Narayan) deposed that on 07.01.2008, she had gone to a Hospital where she was employed . She further stated that she had received a call from her Husband , the next morning as he was looking for the keys of their house. She deposed that on reaching home, she was informed that a theft had taken place at their house. Witness deposed that on checking, it was revealed that certain glass utensils , certain brass utensils, some blankets and quilts , few sarees , golden bangles, golden nose pins, silver anklets, clothes of her Husband, golden ear rings and Rs.15,000/- cash had been stolen. She stated that a complaint in regard of the theft was made by her husband at PS Civil Lines. Witness stated that she was lateron informed that her ear rings and Rs. 3,000/- cash were recovered by the police.
7 PW 4 HC Om Prakash deposed that on 09.01.2008, he was posted as MHC(M) PS Civil Lines, when the case property was deposited in the malkhana by ASI Rajinder Singh for which , an entry No. 6/1904 was made in register No.19. It was further deposed that three sealed pulandas , duly sealed with the seal of RS were deposited in the malkhana by the IO. 8 PW 5 Const. Jiwan deposed that on 09.01.2008, he had joined the investigation of the case with ASI Rajender and Const. Sanjeev. He further deposed that IO had received a secret information that one of the accused wanted in the present case was present near Mother Dairy ,Hathi Park, on which information, the accused Dabbu was apprehended with Rs.2,000/-
FIR No.04/08 PS Civil Lines S/v Ravi & Others 3/6 and copy of the driving licence (DL) belonging to the complainant. Witness deposed that the articles recovered from the possession of accused Dabbu were seized by the IO vide a seizure memo, and pulanda sealed with the seal of RS. He further deposed that a disclosure was made by the accused Dabbu about his involvement in the case and upon his instance / information, accused Ravi was arrested from his residence. Witness stated that from the possession of the accused Ravi , two gold jhumkis belonging to the wife of the complainant were recovered , which were also sealed with the seal of RS and taken in police possession. Witness also stated that thereafter , the accused Dabbu and Ravi led the police party to the residence of the other accused Vijay , from whose possession, some clothes , a bag and Rs.1,000/- belonging to the complainant were recovered. Witness correctly identified all three accused and the case property recovered from the accused in court.
9 PW 6 Const. Sanjeev deposed that on 07.01.2008, he had joined investigation of the case along with IO, ASI Rajender and had reached at the place of the incident i.e. house of the complainant bearing No. A 18, Majnu Ka Tilla . Witness deposed that IO recorded the statement of the complainant, prepared a rukka on it and gave the same to him for registration of FIR. He further stated that upon the said rukka, he got the present FIR registered for which, investigation was marked to ASI Rajender Singh only.
10 PW 6 deposed in consonance with PW 5 Const. Jeewan as he reiterated that the accused Dabbu was apprehended first upon a secret information from near a park behind Mother Dairy. He also stated that from the possession of the accused Dabbu , Rs.2,000/- cash and one copy of driving licence of the complainant was recovered. PW 6 stated that the accused Dabbu had disclosed about his involvement and involvement of accused Ravi and Vijay in the incident, pursuant to which , accused Ravi was secondly apprehended with gold jhumki of the complainant at his house. He further deposed that thereafter, the accused Vijay was arrested from his residence and that the clothes of the complainant and Rs.1,000/-
was recovered therefrom. PW 6 correctly identified all three accused and FIR No.04/08 PS Civil Lines S/v Ravi & Others 4/6 the recovered case property in court. 11 PW7 Sh.Sanjay Jindal , ld ASCJ/JSCC , Rohini Courts was examined
in respect of the Test Identification parade of the recovered case property of the complainant.
12 PW 8 (incorrectly noted as PW6) ASI Rajender Singh (Retired) deposed that on 07.01.2008, on receipt of DD No. 9, PP Majnu Ka Tilla regarding incident of theft at House No. A 18, Majnu Ka Tilla (residence of the complainant), he had proceeded to the place of incident and on reaching there, had recorded the statement of complainant Satya Narayan. Witness stated that upon the complaint of Satya Narayan, he had prepared a rukka and had handed over the same to Const.Sanjeev for registration of the FIR. He further stated that on 09.01.2008, he had received a secret information on which , the accused Dabbu was apprehended from near a park behind Mother Dairy with one copy of DL of the complainant and Rs.2,000/- . Witness stated that upon a disclosure made by accused Dabbu , accused Ravi and Vijay were apprehended from their respective residences and that they got recovered one pair of golden jhumki (from Ravi) and certain clothes and Rs.1,000/- ( from Vijay) (respectively), which belonged to the complainant. Witness stated that he seized the recovered case property in accordance with law, sealed the same with the seal of RS and thereafter, after recording the statement of all witnesses, arrested the accused . Witness correctly identified all three accused and case property in court. 13 Statement of all three accused under section 313 Cr.P.C. was recorded by the court wherein they claimed that nothing was recovered from their possession or at their instance . All the accused pleaded false implication in this case. However, no evidence in defence was led by him . 14 I have heard ld. APP for the State and the counsel for the accused on the merits of the case and have considered the rival contentions raised on both sides. I have also gone through the judicial file. 15 The ld APP has taken me through the evidence led on record and has forcefully contended that prosecution has proved the case against all the three accused beyond all shadow of doubt .In particular ,he has referred to the statement of the recovery witnesses ,who have deposed about the FIR No.04/08 PS Civil Lines S/v Ravi & Others 5/6 recovery of the stolen property from the accused persons .The Ld Defence counsel on the other hand, has contended that the accused have been falsely implicated and deserve to be acquitted .
16 The accused have been charged u/s 411 IPC for having found in dishonest possession of stolen property . The theft of the stolen property ,recovered from the possession of the accused has been amply proved from the statement of complainant Satya Narayan and his wife Subhadra . The accused have not claimed that the property recovered in this case belonged to them .In fact, the property was identified in a Test Identification Parade by PW 3 Subadhra ;wife of the complainant . The prosecution has also proved recoveries from the 3 accused persons indiviually. It has been proved on record that a copy of the D.L and a sum of Rs. 2000/ in cash were recovered from the possession of the accused Dabbu after he had been apprehended on receipt of a secret information by the IO. Likewise ,recovery of clothes of the complainant and a sum of Rs 1000/- has been proved against accused Vijay whereas ,the recovery of a pair of gold jhumki has been proved from accused Ravi. The accused have merely claimed in their defence that they have been falsely implicated .They however ,have failed to give any reason for their false implication .The defence appears to be false and concocted .Accordingly ,I hold that a case under section 411 IPC has been proved against all the three accused who are convicted for the said offence .Convicts Dabbu and Ravi are produced from judicial custody. Convict Vijay be taken in to judicial custody immediately. Let the convicts be produced and heard on the quantum of sentence on 31.08.2012.
Announced in open court
Today on August 30, 2012
(Chhavi Kapoor)
Metropolitan Magistrate(N)
THC, Delhi
FIR No.04/08 PS Civil Lines S/v Ravi & Others 6/6
IN THE COURT OF MS.CHHAVI KAPOOR
METROPOLITAN MAGISTRATE-07:
NORTH DISTRICT, TIS HAZARI COURTS
DELHI
FIR No.04/08
State Vs Ravi and others
U/s 457/380/411/34 IPC
PS Civil Lines
(1) Ravi S/o sh Nanak Chand
R/o H 34, Majnu Ka Tilla, Delhi
(2) Dabbu @ Kana S/o Sh.Birbal
R/o 9/39, Old Chandrawal, Delhi
(3) Vijay S/o Prem Singh, R/o
L-12, Majnu Ka Tilla,Delhi
All convicted u/s 411 IPC
ORDER ON SENTENCE
Present : Ld.APP for the State.
All convicts produced from custody with counsel Sh.Pradeep Parihar 1 I have heard Ld.APP for the State and Sh.Pradeep Parihar,counsel for all three convicts.
2 I have considered the contention raised on both sides. The incident of crime is on the rise in the area . All the convicts are involved in other criminal offences also . In circumstances of the case, it would be expedient in the interest of justice to not let out the convicts leniently .Therefore , I impose Rigorous Imprisonment for 1 year (each) on all the three convicts with a fine of Rs. 1,000/- each (IDSI 1 month ). Benefit of Section 428 Cr.P.C be accorded. Conviction warrants be prepared. Copy of judgment dated 30.08.2012 and order on sentence dated 31.08.2012 be provided to the convicts free of costs.
3 File be consigned to Record Room.
Announced in the open court, Today on August 31, 2012.
(Chhavi Kapoor) Metropolitan Magistrate-07 (N) Tis Hazari Courts, Delhi.
FIR No.04/08 PS Civil Lines S/v Ravi & Others 7/6