Delhi District Court
State vs . Anil @ Anu & Another on 3 September, 2015
State Vs. Anil @ Anu & another
FIR No.287/14
PS Chhawla
IN THE COURT OF DR. PANKAJ SHARMA, METROPOLITAN
MAGISTRATE01, DWARKA COURTS, DELHI
Brief reasons for the judgment in the case with following particulars:
FIR No.287/14
PS Chhawla
U/S : 392/411/34 IPC
State V/s Anil @ Anu & another
C.No. 220/2
U.ID No. 02405R0191882014
Date of Institution: 24.07.2014
Name of the Complainant Satbir Singh
S/o Sh. Om Prakash
R/o H. No. P178, Gangotri
Enclave, Near Green Gold
Public School, Najafgarh,
New Delhi.
Name and address of accused (1) Rahul
S/o Sh. Anil
R/o Village Badhani,
District Jhajjar, Haryana.
(2) Anil
S/o Sh. Rajpal
R/o H. No. 34A, Gali No.4,
G Block, Prem Nagar,
Najafgarh, New Delhi.
Charge framed against accused persons U/S 392/34 IPC
Plea of accused Pleaded not guilty
Final Order Acquitted
Date for announcing the orders 03.09.2015
C No.220/2 Page No. 1 of 9
U.ID No. 02405R0191882014
State Vs. Anil @ Anu & another
FIR No.287/14
PS Chhawla
JUDGMENT: The brief facts and pre trial procedure
1. Charge u/s 392/34 IPC was framed against both the accused persons on 30.07.2014 'that on 21.05.2014 at about 11.30PM, at T Point Village Paprawat, near Rao Mansingh School, Najafgarh, both the accused persons along with their co accused Rahul(JCL) in furtherance of their common intention committed robbery from the complainant Satbir Singh of Rs. 10,000/, TSR bearing No. DL 1RG 3931 and his mobile phone bearing no. 8750415612 and thereby they were charged for the aforementioned offence, to which they pleaded not guilty and claimed trial.
Trial
2. To prove the charges, prosecution cited 13 witnesses in the list of witnesses and examined five of them. Thereafter PE stood closed.
3. PW1 HC Vinod Kumar was the DO who proved on record the present FIR Ex.PW1/A and his endorsement on the rukka Ex.PW1/B.
4. PW2 Satbir Singh deposed that he is driver by profession.
The incident with him took place on 19.05.2014. At that time, he used to drive TSR bearing No. 3931 of one Lalaji namely Ashwani Jain. On the day of incident, he was going to his house in the said TSR from Uttam Nagar, Najafgarh Road and when he had reached at around C No.220/2 Page No. 2 of 9 U.ID No. 02405R0191882014 State Vs. Anil @ Anu & another FIR No.287/14 PS Chhawla 11.30PM, at Dwarka Mod Metro Station, one person approached him and asked him if he wanted passenger to Najafgarh. He told him he will carry passenger to Najafgarh. Thereafter, that person along with two other boarded his TSR and they sat at back seats. When he reached at Najafgarh and he asked them if they wish to alight there, they told that they wish to go ahead and told to drop them near Man Singh School on Paprawat Road. When he reached at Durga Vihar, there was a vacant place. All of them alighted from his TSR and he told them the fare, they told him that they will pay the fare and thereafter, one of them pulled him from his TSR after catching him from his collar. They caught him and snatched his money amounting to Rs. 10,000/ from his wallet and pocket of his worn pant. They also snatched his mobile phone from his chest pocket. Thereafter, he was made to sit at the back seat and two of them sat besides him and the third boy started driving the TSR. When they had gone to some distance, there was road blocked and the boy who was driving the TSR took the U turn and when TSR reached near one speed breaker, he some how managed to pull himself out of the TSR and started raising alarm. All three of them fled away in his TSR. Thereafter, he went towards the Mansingh School and when he reached there, some DTC personnels were going from there after their duty and he narrated them the incident. One of them made call on 100 number. He was frightened, so he did not stop there and he went to PS Chhawla. He gave his statement in the PS Ex.PW2/A and during the investigation by the police, his TSR was found near Durga Vihar in abandoned condition, which was taken into possession by the C No.220/2 Page No. 3 of 9 U.ID No. 02405R0191882014 State Vs. Anil @ Anu & another FIR No.287/14 PS Chhawla police through seizure memo Ex.PW2/B. He could not identify those persons as there was dark when the incident with him took place and also they were covering their faces with cloth. He had not identified them during the investigation.
On being cross examined by Ld. APP for the State he stated that he does not remember now if the incident had taken place on 21.05.2014 and not on 19.05.2014. He denied the suggestion that police met him at Rao Mansingh School, Paprawat Road and his statement was recorded there by the IO. He denied the suggestion that when he reached at the T point of Paprawat Village, one of the boy sat with him while he was driving the TSR. He denied the suggestion that the two boys sitting at the back side had dragged him to the back seat. He affirmed that one of the boy had closed his mouth by keeping iron like object on his neck and other two boys snatched Rs. 10,000/ and his mobile phone. He affirmed that they were saying "bolna nahin nahin to jaan se maar denge" and one of them was having brick in his hand. He affirmed that he had told the description of the boys to the police in his statement. He denied the suggestion that he has stated to the police that he can identify those three boys. He denied the suggestion that on 25.05.2014, when he went to PS Chhawla, he had identified three boys as the same who had committed robbery with him and their names were revealed to him as Rahul s/o Anil, Anil and Rahul(since JCL). He denied the suggestion that two of the accused persons present in the Court were the same boys, who along with one other boy committed robbery with him. He affirmed that he had shown the place of incident C No.220/2 Page No. 4 of 9 U.ID No. 02405R0191882014 State Vs. Anil @ Anu & another FIR No.287/14 PS Chhawla to the police and site plan was prepared at his instance, which is Ex.PW2/C. He denied the suggestion that he compromised the matter with the accused persons or that he is deliberately and intentionally not identifying the accused persons in order to save them or that they had not covered their faces with clothes on the day of incident or that he is intentionally and deliberately resiling from his statement in order to save the accused persons.
5. PW3 Ashwsani Jain deposed that he is the registered owner of TSR/Auto bearing No. DL 1RG 3931. He had given the same on rent to one Satbir Singh about one year back. He had released the same on superdari from the Court vide superdarinama Ex.PW3/A.
6. PW4 SI Sandeep Malik deposed that on the intervening night of 24/25.05.2014, I was posted at PS Chhawla as SI. On that day, during the course of investigation in case FIR No. 279/14, PS Chhawla, three accused persons namely Rahul, Anil and Rahul(since JCL) were arrested on the basis of secret information. During interrogation, they had made disclosure statement about the incident of present FIR i.e. 287/14, PS Chhawla. From Rahul(since JCL) one mobile phone of make Nokia 1800 black coloured of this case i.e. FIR NO. 287/14, PS Chhawla was also recovered. Since Rahul was JCL, separate proceedings were carried out against him. I had handed over the copy of documents prepared by me i.e. disclosure statements of Rahul markA1 and Anil markA2, Seizure memo of mobile phone markA3, arrest memos C No.220/2 Page No. 5 of 9 U.ID No. 02405R0191882014 State Vs. Anil @ Anu & another FIR No.287/14 PS Chhawla markA4 & markA5 and personal search memos of Anil markA6 and Rahul markA7 along with the accused persons to IO SI Devender of this case. My statement was recorded by the IO. Both accused Rahul and Anil are today present in the Court, correctly identified by the witness.
7. PW5 SI Devender deposed that on 22.05.2014, he was posted at PS Chhawla as SI. On that day, on the receipt of DD No. 4A, Ex.PW5/A, he along with Ct. Nagesh reached at spot i.e. Rao Mansingh School, Paprawat Road, where complainant Satbir Singh met them and he narrated the incident of robbery with him and he recorded his statement Ex.PW2/A as narrated by him. He made his endorsement Ex.PW5/B and sent Ct. Nagesh to PS with tehrir for registration of FIR. The TSR bearing No. DL 1RG 3931 robbed from the complainant was found in abandoned condition in Data Ram Park and complainant identified his TSR. He called the Crime Team at the spot and after inspection he collected the report mark X1. He recorded statements of crime team officials and thereafter Crime Team left. Ct. Nagesh reached at the spot and handed over to him original tehrir and computerised copy of FIR. He seized the TSR vide seizure memo Ex.PW2/B. I prepared the site plan of the place of incident at the instance of complainant Ex.PW2/C . He made efforts to search the accused persons involved in the incident but no clue was found about them. He recorded statement of witnesses and returned back to PS. The TSR was deposited in the malkhana. On 25.05.2014, SI Sandeep Malik had arrested accused persons namely Rahul and Anil in FIR No. C No.220/2 Page No. 6 of 9 U.ID No. 02405R0191882014 State Vs. Anil @ Anu & another FIR No.287/14 PS Chhawla 279/14 along with one JCL namely Rahul, who had disclosed about the commission of the incident of this case FIR. One mobile phone of make Nokia 1800 black coloured which was robbed from the complainant was also recovered from JCL Rahul by SI Sandeep Malik in case FIR No. 279/14. SI Sandeep Malik had brought all the three persons in the PS and informed him about the disclosure statement made by accused persons and recovery of mobile phone of this case. He handed over to him the photocopies of the documents of case FIR No. 279/14. He interrogated them and formally arrested them. Arrest memo in respect of Anil and Rahul are Ex.PW5/C & Ex.PW5/D. They were personally searched. Personal search memo in respect of Anil and Rahul are Ex.PW5/C1 & Ex.PW5/D1. He recorded their disclosure statements. The disclosure statements of Anil and Rahul are Ex.PW5/E & Ex.PW5/F. They had also pointed out the place of incident vide pointing out memo Ex.PW5/G. They were produced in the Court in muffled face for TIP. They refused their TIP and he collected the copy of TIP proceedings mark X2 & mark X3 in respect of Rahul and Anil. Complainant had identified all the three accused persons in the PS. During the age inquiry, Rahul s/o Jagpal (since JCL) was found JCL and separate proceedings were carried out against him. TSR was released on superdari. He recorded statements of witnesses. After the completion of investigation, he prepared challan and filed the same in the Court through SHO. He correctly identified accused Rahul and Anil.
8. The examination of formal witnesses were dispensed with in C No.220/2 Page No. 7 of 9 U.ID No. 02405R0191882014 State Vs. Anil @ Anu & another FIR No.287/14 PS Chhawla view of the testimony of PW2 who is the complainant of the case. IO and other two material witnesses examined and discharged. PE stood closed on 03.09.2015.
9. Record perused carefully.
Conclusion
10. After going through the entire evidence produced before the Court and most importantly statement of PW2, the Court do not find any incriminating evidence against both the accused persons as testimony of PW2 did not support the prosecution version. In his statement made before police soon after the incident, he stated that on 21.05.2014 when he gave lift to three persons at Dwarka Mor Metro Station and one among them sat besides him and the other two boys who were sitting behind him pulled him after gagging him and then one of them used iron pipe to close his mouth and then other two snatched Rs. 10,000/ , mobile phone and also threatened him. He also stated before the police that he can identify them. However, in his statement before the Court he stated that he could not identify those persons as it was dark and their faces were covered. In his cross examination by Ld. APP for the State after declaring him hostile he could not remember the day of incident. He also denied that one of the boy sat beside him while he was driving and two other who were sitting in the back side dragged him to back seat. Witness further denied that he has revealed the description of these boys to the police. He further denied that on 25.05.2014 he identified the boys at police station Chhawla. From the testimony of PW2 neither identity of the accused C No.220/2 Page No. 8 of 9 U.ID No. 02405R0191882014 State Vs. Anil @ Anu & another FIR No.287/14 PS Chhawla persons established, nor the manner in which the complainant initially informed the commission of offence has been corroborated. All other witnesses examined were formal in nature. Accordingly, both the accused persons are accorded benefit of doubt as their identity could not be established and no further evidence has come up against them. They are directed to furnish bonds for a sum of Rs. 25,000/ each in terms of Section 437A of Cr.P.C.
Announced in the Open Court (DR. PANKAJ SHARMA) on this 3rd day of September 2015 MM 01: Dwarka : Delhi C No.220/2 Page No. 9 of 9 U.ID No. 02405R0191882014