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Delhi District Court

State vs . Sandeep Yadav on 11 April, 2012

                    IN THE COURT OF NAMRITA AGGARWAL
                      METROPOLITAN MAGISTRATE ­ 09,
                            SAKET COURTS, NEW DELHI.


State  Vs.      Sandeep Yadav
FIR No.         274/09
P. S.           Vasant Vihar 
U/s.            379/411 IPC

JUDGMENT:
1. Srl. No. of the case                 :       381/1

2. Date of institution                  :       29.01.2010

3. Date of commission of offence        :       intervening night of 17­18.06.09 

4. Name of the complainant              :       Smt. Chanda Gupta  
                                                W/o Sh. Parphool Sinha, 
                                                R/o 366B, Munirka, New Delhi. 

5. Name of the accused                  :       1) Sh. Sandeep Yadav
                                                S/o Sh.Satyavir Yadav, 
                                                R/o  363/2   Sultanpur Colony,    
                                                New Delhi  

6. Nature of offence complained of      :       U/s 379/411 IPC

7. Date reserved for order              :       11.04.2012

8. Final Order                          :       Convicted. 

9.Date  of such order                   :       11.04.2012.




P. S Vasant Vihar                                                     Page No. 1 of 3
 BRIEF FACTS OF THE CASE:

1. Accused Sandeep Yadav S/o Sh. Satyavir Yadav was charged u/s 379/411 IPC, to which he pleaded not guilty and claimed trial.

2. The story of the prosecution is that in the intervening night of 17­18.08.2009 at about 06:30 p.m. to 09:30 a.m. at in front of House of Mahender Tokas, Munirka Village, New Delhi, falling within the jurisdiction of PS: Vasant Vihar, the accused Sandeep Yadav committed theft of Wagon­R car bearing No.DL­6CK­1957 belonging to the complainant Smt. Chanda Gupta. The accused was arrested in FIR No.555/09, PS: R.K. Puram and he made a disclosure statement regarding his involvement in the present case and the above said stolen Wagon­R car was recovered at his instance from Sector­4 Market, R.K. Puram which he dishonestly received/retained knowing or having to believe the same to be stolen one and thereby committed offence u/s 379/411 IPC. On receipt of information police started the investigation.

3. FIR in question, was lodged on the complaint of complainant Smt. Chanda Gupta. After doing aforesaid investigation charge sheet U/s 173(2) Cr.P.C was filed by the concerned IO against the accused Sandeep Yadav.

4. After finding prima facie case against the accused, summons were issued against him by the court. Subsequently, charge was framed, to P. S Vasant Vihar Page No. 2 of 3 which accused pleaded not guilty and claimed trial and case was subsequently fixed for PE.

5. Prosecution examined three witnesses in its support. PW­1 Ct. Daya Ram deposed that he joined the investigation of the present case along with ASI Samay Singh, HC Vikram and Accused Sandeep Yadav. He further deposed that disclosure statement of the accused was reduced in writing and accused got recovered above stated Wagon­R car from Sector ­4 R.K. Puram. PW­2 Smt. Chanda Gupta who is the complainant in the present case reiterated the facts as stated by her in her complaint Ex.PW­2/A. PW­3 Ct. Jaspal handed over the Rukka and copy of FIR to ASI Dharambir. The photocopy of the R/C and insurance of the stolen car was seized vide memo Ex.PW­3/A.

6. At this stage, I have examined the accused u/s 313 (1) (a) Cr.P.C. and recorded his statement, wherein he has admitted his guilt voluntarily.

7. Keeping in mind the discussion made above, accused Sandeep Yadav is convicted for the offence u/s 379/411 IPC. Announced in open court ( NAMRITA AGGARWAL ) today i.e. 11.04.2012 MM­09, Saket Courts, New Delh P. S Vasant Vihar Page No. 3 of 3 FIR No:274/09 PS: Vasant Vihar U/s 379/411 IPC 11.04.2012 Statement of accused Sandeep Yadav S/o Sh. Satyavir Singh Ram U/s 313 (1)

(a) Cr.P.C.

Without oath I am the accused in the instant case. I plead guilty for the offence u/s 379/411 IPC. 

RO & AC                                          (NAMRITA AGGARWAL)
                                                 MM-09/South/ND/11.04.2012




P. S Vasant Vihar                                                       Page No. 4 of 3
 FIR No:274/09
PS: Vasant Vihar
U/s 379/411 IPC


11.04.2012
                             ORDER ON SENTENCE

Present:        Ld. APP for the State.
                Convict with counsel.

Argument on the point of sentence heard.

It is stated by Ld. Counsel for the convict that convict is first time offender and he has a family to support. There is no history of previous conviction against the convict.

Ld. APP for the State has argued that strict punishment shall be given to the convict.

Keeping in view facts and circumstances, the convict is sentenced for the period already undergone for the offence u/s 379/411 IPC.

(Namrita Aggarwal) MM-09/South/Saket Courts/N.D. 11.04.2012 P. S Vasant Vihar Page No. 5 of 3 FIR No.274/09 PS: Vasant Vihar U/s 379/411 IPC 11.04.2012 Present: Ld. APP for the State.

Accused with counsel.

At this stage, statement of accused u/s 313 (1) (a) Cr.P.C. is recorded separately.

Vide my separate judgment pronounced in the court today, the accused Sandeep Yadav is convicted for the offence u/s 379/411 IPC. Order on sentence pronounced separately.

File be consigned to record room after necessary compliance. Original documents be returned to the parties concerned against receipt. Bail bond stands cancelled. Surety is discharged.

(NAMRITA AGGARWAL) MM-09/South/ND/11.04.2012 P. S Vasant Vihar Page No. 6 of 3