Delhi District Court
State vs . Saurabh Singh & Ors. on 19 January, 2015
IN THE COURT OF SH. SANDEEP YADAV, ADDITIONAL SESSIONS
JUDGE5, SOUTH DISTRICT, SAKET COURTS, NEW DELHI
SC No. 126/14
ID : 02406R0181082014
FIR No. 163/14
PS. Sangam Vihar
U/s. 394/397/34 IPC
State Vs. Saurabh Singh & Ors.
State
Vs.
1. Saurabh Singh
S/o. Sh. Ravinder Singh
R/o. Vill. Wazirabad, PS Bhopa
Mujjafarnagar, U.P. ..... Accused
2. Sunny
S/o. Sh. Prahalad Singh
R/o. Vill. & PS Bhopa
Mujjafarnagar, U.P. ..... Accused
3. Vidur
S/o. Sh. Bhagat Singh
R/o. Vill. Dheerahedi
PS Bhopa
Mujjafarnagar, U.P. ..... Accused
Date of Institution : 03.07.2014
FIR No. 163/14 1/7
St.Vs. Saurabh & Ors.
Final Order : Acquitted
Date of Order : 19.01.2015
O R D E R
Prosecution version flowing from the charge sheet is as under :
1. On 31.03.14, on receipt of DD No. 4B regarding robbery of a vehicle, SI Rakesh Kumar along with Ct. Rambir reached at Majidia Hospital, MehrauliBadarpur Road near AFS Tuglakabad where he met complainant Prashant Singh and SI Pankaj Kumar from PS Pul Prahladpur. Complainant Prashant Singh told SI Rakesh Kumar that he is working as driver in Bhumi Tour & Travels Pvt. Ltd. Vasant Kunj.
On 18.03.14 at about 11.30 pm, complainant after finishing his duty, was going to Noida via M.B. Road in his Taxi no. HR55T 0593. At AFS, Tuglakabad, two boys came on pulsar motorcycle of black colour, overtook the complainant's taxi and stopped the taxi. Both the boys came in side the taxi of complainant with knife, overpowered the complainant and robbed the mobile of complainant and Rs. 200/ from him. Both those boys threw the complainant out of Taxi at Hindan River bridge, Vill. Chhajaarsi, Noida, and drove away the taxi of complainant. Complainant approached the local police at Noida and a message was sent to Delhi Police and SI Pankaj Kumar from PS Pul Prahladpur reached there. The place of occurrence i.e, Mehrauli Badarpur Road was found to be falling under the jurisdiction of PS FIR No. 163/14 2/7 St.Vs. Saurabh & Ors.
Sangam Vihar. Information of the same was sent to PS Sangam Vihar. Thereafter, on receipt of DD No. 12B, SI Rakesh Kumar along with Ct. Ramvir reached the place of incident i.e, M.B. Road near AFS Tughlakabad where SI Pankaj Kumar along with complainant met SI Rakesh Kumar. SI Rakesh Kumar recorded the statement of complainant and got the case u/s. 397/394/34 IPC registered against accused persons. On 27.03.14, complainant Prashant Singh informed the police that photographs of those three boys who robbed him in the night of 1819.03.14 are shown in Dainik Jagran published on 27.03.14. On this information, SI Rakesh Kumar reached Indirapuram Police Station. There, SI Rakesh Kumar came to know that accused Saurabh, Sunny and Vidur, have been arrested in case FIR No. 457/14 u/s. 307 IPC & 25 Arms Act, PS Indirapuram. Complainant Prashant Singh also reached at PS Indirapuram and complainant identified all those three accused persons there by stating that those boys had snatched his car in the night of 1819.03.14. Thereafter, all the three accused persons were produced before concerned Court at Delhi on production warrants and they were arrested in this case. After completion of investigation, charge sheet was filed in the Court against the accused persons. Accused persons were charged and have been tried for the offence u/s. 394/397/34 IPC. Accused persons pleaded not guilty and claimed trial.
2. In order to prove its case against accused, prosecution examined eight witnesses. I have heard learned Public Prosecutor for the State as FIR No. 163/14 3/7 St.Vs. Saurabh & Ors.
well as learned counsel for accused persons. PW1 Ct. Ashok Kumar joined the investigation of the case with IO SI Rakesh Kumar on 04.04.2014. PW1 Ct. Ashok Kumar came to Saket court with SI Rakesh Kumar on 04.04.2014, where accused Vidur, Sunny and Saurabh surrendered and they were arrested in the present case. PW1 deposed about the disclosure statement of accused persons. PW1 further deposed that accused persons took the police officials to the place of occurrence and pointed out the place where they robbed the vehicle from the driver of the vehicle. PW1 has also deposed that accused persons pointed out the place i.e, Ghazipur Dairy, where they had left the robbed vehicle abandoned.
3. PW2 SI Pankaj Kumar who was posted at PS Pul Prahladpur deposed that on the intervening night of 1819.03.2014 on receipt of PCR call, he along with his staff reached Noida near Ghazipur dairy where complainant met them and informed that the incident had taken place at MehrauliBadurpur road. Thereafter, PW2 SI Pankaj Kumar and other police officials came back to Mehrauli Badarpur road and as the place of occurrence fell under the jurisdiction of PS Sangam Vihar, PW2 SI Pankaj Kumar informed PS Sangam Vihar accordingly.
4. PW3 Ct. Gopal, who was posted at PS Sangam Vihar was asked by SI Rakesh Kumar on phone on 19.03.14 to come at Mehrauli Badarpur road in front of Airforce Station and after reaching there, PW3 Ct. Gopal took complainant Prashant to Trauma Centre, AIIMS FIR No. 163/14 4/7 St.Vs. Saurabh & Ors.
and got him medically examined and handed over the MLC to the IO.
5. PW4 Ct. Rambir deposed that on the intervening night of 1819.03.14 he was on emergency duty at PS Sangam Vihar, on that day, at about 7.30 am, SI Pankaj of PS Pul Prahladpur informed the Duty Officer of PS Sangam Vihar with regard to robbery of vehicle, after receiving this information, PW4 Ct. Rambir along with SI Rakesh reached the spot i.e, in front of Airforce Station, Tuglakabad. Complainant and SI Pankaj met PW4 Ct. Rambir and SI Rakesh and SI Pankaj recorded the statement of complainant and prepared the ruqqa. The ruqqa was handed over to PW4 Ct. Rambir for registration of FIR and after registration of case, PW4 Ct. Rambir again went to the spot and handed over the original FIR and ruqqa to the IO. PW4 Ct. Rambir further deposed that thereafter, he along with SI Rakesh reached Chazzarsi, Noida where the complainant was thrown by the robbers. SI Rakesh prepared site plan. PW4 Ct. Rambir further deposed that when they were coming from Chazzarsi, Noida, complainant noticed his car parked as abandoned at Ghazipur and complainant identified his vehicle and thereafter, they came to Airforce Station, Tuglakabad.
6. PW5 Prashant Singh is the material witness as he is the complainant as well as victim. PW5 failed to identify the accused in the Court. PW5 Prashant Singh deposed that after he was assaulted and robbed, he saw photographs of three accused persons in Dainik FIR No. 163/14 5/7 St.Vs. Saurabh & Ors.
Jagran newspaper between 20 and 30 March 2014. PW5 Prashant Singh further deposed that he felt that the four persons whose photographs appeared in Dainik Jagran newspaper are the same persons who committed robbery in the car and caused injury to him on the intervening night of 1819.03.14. PW5 Prashant Singh further deposed that he could see the accused persons only from behind. PW5 Prashant Singh further deposed that accused persons present in the Court were neither identified by him in the Police Station Indirapuram nor they were involved in the incident that happened in the intervening night of 1819.03.14. PW5 Prashant Singh was declared hostile and was allowed to be cross examined by learned Public Prosecutor for the State. However, even in the cross examination by learned Public Prosecutor for the State, nothing could be extracted from PW5 which could support the case of prosecution.
7. PW8 SI Rakesh Kumar is the Investigating Officer of this case.
However, even his deposition does not connect the accused persons with alleged crime as nothing incriminating could be collected by PW8 SI Rakesh Kumar during investigation against accused persons.
8. It is clear from the above discussion that no incriminatory evidence came on record during trial which could be put to accused persons u/s. 313 Cr.PC. Accused persons were not identified by complainant in the Court. Accordingly, examination of accused persons u/s. 313 Cr.PC is dispensed with. Accused persons are acquitted of the FIR No. 163/14 6/7 St.Vs. Saurabh & Ors.
charge framed against them. Bail bonds and surety bonds of accused persons are cancelled. Their sureties furnished earlier are discharged. Original documents of sureties, if any, be released.
9. Accused Saurabh Singh, Sunny and Vidur have furnished personal bond in the sum of Rs 15,000/ each with one surety of like amount in terms of Section 437A Cr.PC. Personal bonds and surety bonds furnished by accused persons and same are accepted.
File be consigned to Record Room.
Announced in open Court (Sandeep Yadav)
on 19.01.15 Additional Sessions Judge5 (South)
Saket Courts, New Delhi
FIR No. 163/14 7/7
St.Vs. Saurabh & Ors.