Delhi District Court
State vs . Vicky on 29 April, 2022
IN THE COURT OF
Addl. Chief Metropolitan Magistrate
South West District; Dwarka Courts
(Presided Over by SH. AASHISH GUPTA)
Cr. Case No. 17791/2019
Date of Institution : 25.10.2019
Date of Judgment : 29.04.2022
Decision : Acquittal.
In the matter of :
State Vs. Vicky
FIR No. 000451/2019
PS : Dwarka Sector-23
U/s 356/379 IPC
1. Serial No. of the case : 17791/2019
2. Name of the Complainant : Ms. Priya Anil Thomas
W/o Sh. Anil Thomas
R/o E-1204,
Chintels Paradiso,
Sector 109, Gurgaon,
Haryana 122017.
3. Date of commission of offence : 19.07.2019
4. Name of accused person : Vicky
S/o Late Sh. Moti Ram
R/o H.No. 343,
Gulabi Bagh, Type-I,
New Delhi.
State Vs. Vicky
FIR No. 451/19 PS Dwarka Sector-23
Judgment dated 29.04.2022 Page No.1 of 3
Digitally signed by
AASHISH AASHISH GUPTA
GUPTA Date: 2022.04.29
16:10:20 +0530
5. Offence charged : U/s 356/379 IPC
6. Plea of accused : Not guilty.
7. Final Order : Acquitted.
JUDGMENT
1. In brief the case of prosecution is that on 19.07.2019 in between 8:00 - 8:10 a.m outside Shaman Vihar Apartments, Sector 23 Dwarka, accused committed theft of one gold chain from the person of complainant Ms. Priya Anil Thomas by using criminal force.
2. On the basis of investigation carried out by the police challan was filed in the court and copy of the same was supplied to the accused to his satisfaction.
3. On the basis of the challan, notice for committing the offence punishable under Sections 356/379 IPC was served upon the accused on 18.03.2021 to which accused pleaded not guilty and claimed trial.
4. In order to prove its case, the prosecution has examined one witness, namely, PW-1 Ms. Priya Anil Thomas, who is the complainant in the present case. In her deposition before the Court, she has not supported the case of the prosecution, in as much as, she was unable to identify the accused as the culprit.
State Vs. Vicky
FIR No. 451/19 PS Dwarka Sector-23
Judgment dated 29.04.2022 Digitally signed by Page No.2 of 3
AASHISH AASHISH GUPTA
GUPTA Date: 2022.04.29
16:11:14 +0530
5. As complainant did not support the case of the prosecution, no further witnesses were examined by the prosecution, and thus, PE was closed.
6. As nothing incriminating had come in the statement of the complainant, SA was also dispensed with.
7. Arguments heard.
8. I have heard Ld counsel for accused and Ld. APP for the State as well as perused the material and evidence on record.
9. In view of the facts and circumstances of the case and when the complainant herself has not supported the case of the prosecution and prosecution failed to connect the accused with the crime in any manner, accused Vicky stands acquitted for the offence punishable under Sections 356/379 IPC.
10. File be consigned to record room.
Digitally signed by AASHISHPronounced in the open Court AASHISH GUPTA Date: on 29th day of April, 2022. GUPTA 2022.04.29 16:11:21 +0530 (AASHISH GUPTA) Additional Chief Metropolitan Magistrate Dwarka Courts: New Delhi 29.04.2022 State Vs. Vicky FIR No. 451/19 PS Dwarka Sector-23 Judgment dated 29.04.2022 Page No.3 of 3