Delhi District Court
State vs . Krishan & Ors. on 26 July, 2016
IN THE COURT OF SH. RAJINDER SINGH, METROPOLITAN
MAGISTRATE-06, DWARKA COURTS, DELHI
FIR No. 49/14
PS: J. P. Kalan
U/S : 392/34 IPC
State Vs. Krishan & Ors.
Serial / C. No. 441/1/16
U.ID No. 421714/2016
Date of Commission of the offence: 17.03.2014
Name of the Complainant/victim: Ved Prakash
S/o Shri Deep Chand
R/o : Village Jhuljhuli
New Delhi.
Name and address of accused: 1. Krishan
S/o Shri Jeetram Yadav,
R/o: Village Jhuljhuli,
New Delhi.
(as mentioned in charge-sheet)
2. Ashok
S/o Shri Samay Singh,
R/o: Village Jhuljhuli,
New Delhi.
(as mentioned in charge-sheet)
3. Jaiveer
S/o Shri Rajender,
R/o: Village Jhuljhuli,
New Delhi.
(as mentioned in charge-sheet)
State Vs. Krishan & Ors.
FIR No. 49/14
PS: J. P. Kalan Page no. 1 of 5
Offence complained of or proved: U/s 392/34 IPC
Plea of accused persons: All accused pleaded
not guilty
Final Order: Acquitted
Date of pronouncing the orders: 26.07.2016
________________________________________________________________________
Date of Institution: 09.09.2015
Date on which Judgment is reserved: 26.07.2016
Date of Judgment: 26.07.2016
JUDGMENT
BRIEF FACTS
1. On 17.03.2014 at around 12:10 AM, at Village Jhuljhuli, New Delhi, within the jurisdiction of PS : J. P. Kalan, all the accused in furtherance of their common intention beat the complainant Sh. Ved Prakash and robbed Rs. 4,000/- from him.
CHARGE
2. Charge for the offences punishable under Section 392/34 IPC was framed against all the accused, namely, Krishan, Ashok and Jaiveer on 09.03.2016. All the accused persons pleaded not guilty and claimed trial.
FIR No. 49/14PS: J. P. Kalan Page no. 2 of 5 PROSECUTION EVIDENCE
3. The prosecution examined two PWs to prove its case.
3.1 PW1: Sh. Ved Prakash (The complainant/victim). He stated that one incident of quarrel took place and he called the police. He had given a complaint to the police. His statement is Ex.PW1/A. The complainant stated that he does not know about the accused persons who had robbed him.
Upon cross-examination by Ld. APP for the State, the complainant stated that he gave the complaint to the police.
During cross-examination the complainant stated that he cannot identify the accused persons since it was dark at the time of incident.
3.2 PW2: Inspector Ashish Dalal (IO). He stated that on receipt of DD No. 2A on 17.03.2014, he alongwith Ct. Deepak went to the spot. Statement of the complainant was recorded and the FIR was got registered. The accused persons were arrested at the instance of the complainant.
All the witnesses were offered to the accused for cross- examination.
FIR No. 49/14PS: J. P. Kalan Page no. 3 of 5 Vide order dated 26.07.2016, PE was closed.
STATEMENT OF ACCUSED U/S 313 Cr.P.C.
4. On 26.07.2016, separate statements of accused Krishan, Ashok and Jaiveer were recorded u/s 313 Cr.P.C. The accused persons did not want to lead DE.
FINAL ARGUMENTS
5. Arguments heard.
JUDGMENT
6. In the present case, the complainant Sh. Ved Prakash was the only material witness cited by prosecution. During her testimony, he failed to identify the accused persons.
7. PW-2 stated that the accused persons were arrested at the instance of the complainant PW-1. The IO PW-2 identified the accused persons only on the basis of the pointing out of the complainant. Since the complainant failed to identify the accused persons, their identification by the IO is of no evidential value.
8. In view of the above, the prosecution has failed to prove its case.
FIR No. 49/14PS: J. P. Kalan Page no. 4 of 5
9. In view of the above, the accused Krishan, Ashok and Jaiveer are acquitted of the offence punishable u/s 392/34 IPC.
10.Put up on 11.08.2016 for furnishing of bonds u/s 437(A) Cr.P.C.
Pronounced in the Open Court (RAJINDER SINGH) on this 26th day of July, 2016 MM-06: Dwarka : Delhi State Vs. Krishan & Ors.
FIR No. 49/14PS: J. P. Kalan Page no. 5 of 5