Delhi District Court
State vs . Sagar on 5 April, 2022
IN THE COURT OF SH SHIVAJI ANAND ADDL. SESSIONS JUDGE04 (NORTH):
ROHINI COURTS: DELHI
CNR No. DLNT010071972019
Session Case No. : 452/2019
State Vs. Sagar
S/o Sh. Ram Suresh
R/o Jhuggi No. 845, THuts, KBlock, Jahangirpuri
Delhi.
FIR No. : 369/18
Police Station : Mahindra Park
Under Sections : 397/394/174A/34 IPC
Date of committal to Sessions Court: 20/07/2019
Date on which judgment was reserved: 05/04/2022
Date on which Judgment pronounced: 05/04/2022
JUDGMENT
1. Briefly the case of the prosecution is that the main chargesheet qua accused Jakir @ Ajay and Lakhna @ Suraj was filed before the Court of Ld M.M on 31.10.2018. The present accused namely Sargar, s/o Sh. Ram Suresh was declared P.O in the present case by the Court of Ms. Jasjeet Kaur, ld ACMM, Rohini Court, Delhi vide order dated 06.03.2019, who was arrested by police officials of P.S Jahangirpuri on 06.03.2019 u/s 41 (1) C of Cr.P.C. On 17.04.2019, SI Baljeet with the permission of the Court, one day police remand of the accused was taken and during the one day P.C remand, necessary investigation qua the present case was carried out and efforts to search another coaccused namely Rohit, who is still absconding in the present case were made, but in vain. Hence the present supplementary chargesheet u/s 397/394/174A/34 IPC was filed before the Court of ld M.M qua the present accused Sagar on 09.07.2019.
2. The supplementary chargesheet qua the present accused was committed to the court of Sessions by ld A.C.M.M vide order dated 16.07.2019, SC No. 452/2019 State Vs. Sagar page 1 of total pages 5 which was assigned to the ld Predecessor of this Court vide order dated 20.07.2019.
3. Charge u/s 174A IPC and u/s 394/34 IPC was framed against the accused vide order dated 08.02.2021, to which he pleaded not guilty and claimed for trial.
4. In support of its case qua the present accused, the prosecution examined SI Baljeet Singh as PW1, who deposed that accused Sagar, who was the P.O in the present case had been arrested by the police officials of P.S Jahangirpuri and the concerned police officials gave information to the police officials of P.S Mahindra Park in this regard and DD No. 51B was recorded regarding this and same was marked to him. He further deposed that on 17.04.2019, he appeared before concerned ld M.M and sought permission to arrest accused Sagar, who had been produced by the police officials of P.S Jahangirpuri. PW1 came to prove the arrest memo of the accused as Ex. PW1/A, his personal search as Ex. PW1/B.
5. PW2 Ct. Naresh deposed that on 18.04.2019 he joined the investigation of this case with IO SI Ranbir and in his presence accused Sagar pointed out the place where he alongwith his associates had robbed the mobile phone of one person.
6. PW3 SI Phook Kanwar of P.S Jahangirpuri, Delhi deposed that on 16.04.2019, he alongwith HC Mehar Singh were present at KBlock, near mother dairy booth, Jahangirpuri and on the basis of secret information and they apprehended accused Sagar, s/o Ram Suresh, who was the P.O of case FIR No. 369/18, P.S Mahindra Park. He further deposed that after formal interrogation, he arrested accused Sagar u/s 41(i)(c) Cr.P.C and prepared arrest memo. He further deposed that personal search of accused was also taken and he prepared personal search memo and conviction slip of the accused was also prepared and accused SC No. 452/2019 State Vs. Sagar page 2 of total pages 5 was taken to P.S Jahangirpuri after his medical examination and DD entry No. 81A was lodged in this regard. He further deposed that he also informed to concerned IO of case FIR No. 369/18, P.S Mahindra Park regarding arrest of the accused and on the next day I.e 17.04.2019, he produced the accused before the concerned ld M.M with Kalendra. He further deposed that the concerned IO had also come to the Court and after taking permission of the Court, he arrested the accused in case FIR No. 369/18.
7. PW4 SI Ranvir Singh deposed that on 17.04.2019, the case file of this case was marked to him for further investigation. He further deposed that he interrogated the accused Sagar and recorded his disclosure statement. He further deposed that accused taken him to the place of incident and accordingly he prepared site plan. He further deposed that he made efforts to trace the associate of the accused, but no clue was found. PW4 came to prove the disclosure statement of the accused as Ex. PW4/A and site plan prepared at the instance of the accused Sagar as Ex. PW4/B.
8. PW5 the complainant Pawan Kumar deposed that in the year 2018, he completed his XIIth class and was preparing for competitive examination. He further deposed that on 29.08.2018, at about 8 pm he was going to attend his tuition classes and reached at House no.391 Iblock, Jahangirpuri, 4 boys came from his back and caught hold him. He further deposed that one of them put his hand in his pocket and taken out his mobile phone make MotoG5 S+ and one of them gave knife injuries on his left leg. He further deposed that after snatching his mobile phone and causing injuries all the four persons started fleeing from the spot. He further deposed that he tried to chase them, also shouted and one of them was apprehended by the public persons near to the spot. He further deposed that he was taken to hospital by the Police and his statement was recorded by the police. PW5 came to prove his SC No. 452/2019 State Vs. Sagar page 3 of total pages 5 statement given to the police as Ex. PW5/A. He further deposed during his testimony before the Court that out of the above said four accused persons no one was present in the court.
9. Vide statement dated 06.04.2021, ld amicus curiae for the accused gave statement that he has no objections if prosecution witnesses mentioned in the list of witnesses from serial No. 2 to 5 are not examined in this case being formal witnesses. Vide his statement dated 31.03.2022, ld amicus curiae had given statement that he is admitting the statements of prosecution witnesses namely HC S. Uttam and Dr. Deepak Kumar on behalf of accused Sagar u/s 294 Cr.P.C.
10. Vide order dated 31.03.2022, it has been observed by the Court that since the identity of the accused has been refuted by the complainant in his testimony and ld testimony of remaining formal witnesses has been admitted by ld amicus curiae for the accused, now there is only temporary question of Section 174A IPC against the accused. In the said order it has been also observed by the Court that since nothing incriminating has come on the record against the accused his statement u/s 313 Cr.P.C was also disposed with and matter was adjourned for judgement.
11. I have heard submissions of both the sides and also perused the material available on the record.
12. Keeping in view the fact that during his testimony before the Court the complainant PW5 did not identify accused Sagar as culprit and had categorically deposed that out of the above said four accused persons no one was present in the court and further considering the fact that other witnesses are formal in nature, this Court is of the considered opinion that there is nothing incriminating against the SC No. 452/2019 State Vs. Sagar page 4 of total pages 5 present accused on the record. Since the identity of accused Sagar is not proved on the record, there is no question of establishing the ingredients of Section 174A IPC against the accused due to which the testimony of IO ASI Veer Pal Singh was also dispensed with vide order dated 31.03.2022. Accordingly, in view of the above discussion, accused Sagar is acquitted for the charges U/s 394/34 IPC and Section 174A IPC. File be consigned to Record Room after compliance of Section 437A Cr.P.C.
Announced in open Court today
On 05.04.2022 (Shivaji Anand)
Additional Sessions Judge04 (North)
Rohini Courts, Delhi
SC No. 452/2019 State Vs. Sagar page 5 of total pages 5