Delhi District Court
State vs . Anil Kumar on 15 September, 2011
State Vs. Anil Kumar
FIR No. 563/99
PS Model Town
IN THE COURT OF SH. NEERAJ GAUR, METROPOLITAN
MAGISTRATE-IV ROHINI COURTS, DELHI
Brief reasons for the judgment in the case with following particulars:
FIR No. 563/99
PS Model Town
U/S 411 IPC
State V/s Anil Kumar
C/No. 400MT/06
Unique ID No. 02404R0178802000
Date of Institution: 30.09.2000
Name of the Complainant Sh. Sanjeev Puri
s/o Late Sh. Devender Puri
Name and address of accused 1. Anil Kumar S/o Sh. Ram
Mehar, r/o K-28, Gandhi
Ashram, Narela, Delhi.
2. Vikas @ Vicky S/o Sh.
Dharamvir R/o Villlage
Ahalana PS Gannour District
Sonepat Haryana.
Offence complained of U/S 411 IPC
Plea of accused pleaded not guilty
Final Order Acquitted
Date of reserve for orders 15.09.2011
Date for announcing the orders 15.09.2011.
Brief Facts and pre-trial procedure:
1. Accused was charge-sheeted U/S 379/411 IPC and sent up for trial and the allegations against him in brief are as under:-
2. On 12.1199 at about 04.30 pm complainant Sanjeev Puri parked C/No. 400MT/06 Unique ID No. 02404R0178802000 Page No. 1 State Vs. Anil Kumar FIR No. 563/99 PS Model Town his Maruti car No. DL1CD 6189 outside his house and went inside his house and when he came back outside his house to park his car inside his house, he saw his car was missing from there. He tried for search his car on his own but in vain. He informed the police. Police officials met him and recorded his statement and on the basis of his statement, SI Ashish Kumar prepared a rukka and the present case was registered. On 29.11.1999, both accused persons were found in possession of the abovesaid stolen car. Accused Anil was arrested but accused Vikas @ Vicky remained untraceable. Investigation was completed and charge- sheet was filed.
3. After necessary compliances, on the basis of above allegations, charge U/S 411 IPC was framed against the accused Anil. The accused pleaded not guilty and claimed trial.
Trial
4. To prove the charges, prosecution could only examine five witnesses in total whose testimonies are touched upon in brief as under:
(i) PW-1 SI Kamal Duggal was the Duty Officer at the relevant time who proved the FIR as Ex. PW 1/A. C/No. 400MT/06 Unique ID No. 02404R0178802000 Page No. 2 State Vs. Anil Kumar FIR No. 563/99 PS Model Town
(ii) PW-2 Sh. Sanjeev Puri deposed that on 12.1199 he parked his Maruti car No. DL1CD 6189 outside his house and went inside his house and when he came back outside his house to park his car inside his house, he saw his car was missing from there. He tried for search his car on his own but in vain. He went to the PS and narrated all the facts to police and police lodged the FIR regarding stolen of his aforementioned car. His statement is Ex. PW 1/A.
(iii) PW-3 HC Daljit Singh deposed that on 20.01.2000, he joined the investigation of present case with SI Ashish, Ct. Harish Chand and Ct. Mahender. Thereafter, they went to the house of the accused Anil and accused Anil was arrested vide memos Ex. PW 3/A and Ex. PW 3/B. During cross examination, he stated that accused was arrested at about 04.30 AM. SI Ashish Kumar arrested the accused. No public person was present at that time. Nothing was recovered from the possession of accused in his presence.
(iv) PW-4 SI Kuldeep Singh deposed that on 29.11.1999, he was posted at PS Sadar Sonepat as MHC. On that day, Ct. Raj Singh came at PS with a rukka which was sent by ASI Satbir Singh and on the basis of C/No. 400MT/06 Unique ID No. 02404R0178802000 Page No. 3 State Vs. Anil Kumar FIR No. 563/99 PS Model Town said rukka, he recorded the FIR No. 279/99 U/S 411 IPC vide Ex. PW 4/A.
(v) PW-5 Ct. Hari Chand deposed that on 20.01.2000, he joined the investigation with SI Ashish Kumar Dubey, Ct. Mahender and HC Daljit. They went to Pana Paposian, Narela, near Gandhi Ashram School. SI Ashish Kumar Dubey was already having the information that the accused Anil Kumar was present in his house. Thereafter, they went to the house of the accused Anil and arrested him. The medical examination of accused was got conducted and he was put behind the bars.
Statement of accused and defence
5. After closure of prosecution evidence, the statement of accused U/S 313 CrPC was recorded. He stated that he was innocent and has been falsely implicated in the present case. No evidence in defence was led.
Arguments and appreciation of evidence in the light of legal propositions:
6. In the instant case, prosecution has placed reliance mainly on the C/No. 400MT/06 Unique ID No. 02404R0178802000 Page No. 4 State Vs. Anil Kumar FIR No. 563/99 PS Model Town statement of the recovery witness ASI Satbir Singh PS Sadar Sonepat who was the IO of FIR No. 279/99 PS Sadar Sonepat but it is noteworthy and can never be ignored to arrive at any justified decision and surely weakens the prosecution case that the material witness / only recovery witness ASI Satbir Singh remained untraceable and he could not be examined. Witnesses examined by the prosecution were not the recovery witnesses. Prosecution has failed to examine the material witness despite several opportunities.
Conclusion
7. There is no evidence on record to show that accused along with co-accused (PO) were found in possession of the vehicle in question. The evidence available on record is highly insufficient to record a finding of guilty against the accused and the prosecution has miserably failed to prove the charge U/S 411 IPC for want of evidence. For want of evidence, accused Anil is acquitted for the offence U/S 411 IPC.
8. The Bail Bond stands cancelled and surety for the accused stands discharged. Any endorsement placed on the documents of the surety may accordingly, be cancelled. The original documents of the C/No. 400MT/06 Unique ID No. 02404R0178802000 Page No. 5 State Vs. Anil Kumar FIR No. 563/99 PS Model Town surety, if retained on record be returned against acknowledgment. File be consigned to record room U/S 299 CrPC qua the accused Vikas @ Vicky with directions to In-charge Record Room not to destroy the file and produce the same as and when required.
Announced in open court (Neeraj Gaur)
today i.e. 15.09.2011 Metropolitan Magistrate-IV/NW
Rohini Courts, Delhi
C/No. 400MT/06
Unique ID No. 02404R0178802000 Page No. 6