Delhi District Court
Criminal Case/1850/2006 on 7 November, 2014
IN THE COURT OF MS. GOMATI MANOCHA
METROPOLITAN MAGISTRATE-02, NEW DELHI DISTRICT,
PATIALA HOUSE COURTS, NEW DELHI
FIR No. : 118/05
P.S. : Chanakya Puri
Date of commission of offence : 01.04.2008
Name of the complainant : Sh. Abhishek Tyagi
Name of accused : 1. Suresh Kandpal
S/o Sh. Shivdutt Kandpal
R/o S-26/A School Block,
Shakarpur, Delhi.
2. Ajay
S/o Sh. Kishan Verma
R/o D-83, Shakarpur, Delhi.
Offence complained off: : U/s 411/34 IPC
Plea of the accused : Pleaded not guilty
Final Arguments heard on : 07.11.2014
Final Order : Acquitted
Date of such order : 07.11.2014
BRIEF REASONS FOR SUCH DECISION OF THE CASE:-
1.The brief facts of the case are that on 05.11.2005 at about 5.40 pm near Khichdi Pur Bridge, NH-24, Mandawali, Delhi a stolen motorcycle bearing no. DL 8SS 8406 make Bajaj Pulsar black colour was recovered from the possession of the accused Suresh Khandpal and Ajay and as such the present case was registered. After the completion of investigation, a charge sheet under Section 411/34 IPC was filed against the accused persons. The charge for the offences punishable under Section 411/34 IPC was FIR No. 118/05 Page no. 1 of 11 framed against the accused to which they pleaded not guilty and claimed trial.
2. In order to prove its case, the prosecution has examined seven witnesses in all.
3. PW-1 HC Hira Lal deposed that on 14.05.2005, he was posted at PS Chanakya Puri as HC and working there as duty officer 04:00 to 12:00 mid night. On that night at about 05:40 pm rukka mark X was produced before him by ASI Rajpal Singh. On that basis of rukka he recorded formal FIR no. 118/05. On that day, he had brought original of the same. Copy of the same is Ex. PW1/A. Original seen and returned. He made endorsement on the rukka Ex. PW1/B.
4. PW-2 ASI Rajender Prasad deposed that on 05.11.2005, he was posted as DO in PS Manawali from 04:00 PM to 12:00 Mid night. He had recorded FIR no. 643/05 sent by HC Vir Pal through Ct. Chaman Singh. Copy of FIR is Ex. PW1/A and entry on rukka is PW1/B bears his signatures at point A (OSR).
5. PW-3 HC Parvesh Kumar deposed that he was posted at PS Mandavali as MHCM for the last three months. On that day, he had brought register no. 19 in which entry at S. No. 1875 dated 05.11.2005 pertaining to deposition of Motorcycle bearing engine no DHG BKB C80985 Chasis no. DHV BKB 81037, the said motorcycle ws handed over to Ct. Jagdish of PS Chanakya Puri vide road certificate no. 154/21 dated 30.11.2005. Aforesaid entries are Ex. PW3/A and Ex. PW3/B. In the cross-examination by the Ld. Counsel for both accused persons he deposed that he had been recently posted as MHCM at PS Mandavali. He had knowledge regarding about this case as per register no. 19. He admitted that in register no. 19 at S. No. 1875 upon which the vehicle was deposited, the said vehicle number was not mentioned. He further admitted that the note which has also mentioned in front of the same S. No. in which FIR No. 118/05 Page no. 2 of 11 to stolen vehicle number was DL 8S S 8406 in this respect the FIR no. 118/05 U/s 379 IPC was registered with PS Chanakya Puri. He could not say whether the vehicle which was shown at S.No. 1875 at register no. 19 is the vehicle which was stolen vehicle in FIR No. 118/05 of PS Chanakya Puri or not.
6. PW-4 HC Bir Pal Singh deposed that on 05.11.2005, he alongwith Ct.
Chaman Singh were on patrolling duty at Kichri Pur Pul near to Mandavali village, NH-24. Secret informer met to them and informed the four boys on two separate stolen motorcycle will go to UP for the purpose of selling the stolen motorcycle. In the meantime, Ct. Amar Singh and HC Sish Pal who were also on patrolling duty arrived there, after having this information after putting barricades checking of vehicles were carried out to trace the stolen motorcycles. At about 05:40 pm, two motorcycles whereon four boys were sitting which were coming from the side of Mandavali were got stopped. Thereafter, all the four boys tried to get escaped from the spot after getting down from the motorcycle. But all the four boys were apprehended by making efforts. He apprehended Suresh Kandpal who was driving the motorcycle having without number plate and Ct. Chaman apprehended Ajay who was rider on the motorcycle which was driven by Suresh. Two other boys on different motorcycle were apprehended by HC Sish Pal and Ct. Amar Singh. Thereafter, Suresh Kandpal and Ajay Verma were asked to show the documents of the motorcycle having no number plate at that time but hey could not produce any documents and could not reply satisfactory. Thereafter, on checking of aforesaid motorcycle engine and chasis number were traced. Engine number was BKB 80985 and Chasis no. BKB 81037. On the basis of engine and chasis number of the abovesaid motorcycle information was sought from PCR about the aforesaid motorcycle was stolen fro the area of PS Chanakya Puri for which a case FIR no. 118/05 was registered at PS Chanakya Puri. Thereafter, FIR No. 118/05 Page no. 3 of 11 aforesaid motorcycle was seized vide memo Ex. PW4/B which bears his signatures at point A. He prepared rukka and the same is Ex. PW4/A which bears his signature at point A and on the basis of it case was registered at PS Mandavali for recovery of stolen motorcycle during the course of investigation. He prepared the site plan and the same is Ex. PW4/D and Ex. PW4/E respectively. Both the memos which bears his signature at point A. thereafter,both accused pointed out the place from where left of aforesaid motorcycle was committed in this regard pointing memo was prepared by him and the same is Ex. PW4/F which bear his signature at point A. He transmitted the information to PS Chanakya Puri regarding the recovery of the aforesaid motorcycle. After recovery motorcycle was deposited in Malkhana of PS Mandavali and later on same was released to PS Chanakya Puri and in this regard relevant entries was made in PS Mandavali. He identified both accused Suresh Kandpal and Ajay Verma in the court today. From their possession aforesaid stolen motorcycle was recovered. He could identify the aforesaid stolen motorcycle if shown to him. At this stage Superdar MHCM has produced motorcycle having no number plate bearing engine no. BKB 80985 and chasis no. BKB 81037 and the same has shown to the witness after seeing it witness states that is the same stolen motorcycle which was recovered from the possession of both accused present in the court and the same is seized by him. Motorcycle is Ex. P-1.
In the cross-examination by the Ld. Counsel for both the accused persons he deposed that his duty hours on 05.11.2005 were from 08:00 am to 08:00 pm and on that day at about 05:00 pm after briefing by SHO, he was deputed at under the bridge of Kichri Pur, near NH-24. He along with three police staff persons received information regarding selling of then vehicle by four persons at about 05:15 pm. He had informed to the higher police official i.e. SHO regarding the said information. He admitted that it was a FIR No. 118/05 Page no. 4 of 11 busy road and at that time the public person were coming and going and the traffic as also moving there. They stopped the two motorcycles out of which one motorcycle, which is involved in the present case, was not having any number plate and the number of other motorcycle he do not remember. He did not remember, the description of the cloth worn by the four persons. He admitted that they had not intimated to the high police officials immediately after apprehending the four persons. They had asked the public person to joint the investigation but they all refused without telling their names and addresses. He further admitted that he had not given any notice to the public persons, who refused to join the investigation. After the apprehension of the accused, they got verified the motorcycle through PCR,. Thereafter bearing Engine no. BKB 80985 and chasis no. BKB 81037 were seized. He prepared the rukka at 07:15 pm and got the FIR registered through Ct. Chaman, who returned after 20-25 minutes. Seizure memo of motorcycle, disclosure of both the accused persons, arrest memo and PSM of both accused persons were signed by Ct. Chaman as a witness. They returned back to PS Mandavali at about 08:30 pm. The colour of motorcycle, which was seized by him was of black colour, again said he did not remember the colour. He did not remember the exact time as to when returning entry was made. He further admitted that no public person was joined during the preparation of the documents. The documents were prepared at the spot, while sitting at the pavement. He denied the suggestion that place of preparation of documents was a dark area and no street light was there. He admitted that the DESU office as it is little far from the spot of incident. The park is situated at about 10 steps from the spot. He denied the suggestion that he had not apprehended the accused persons or that nothing was recovered from their possession or that the entire proceedings and written work was done at PS Mandavali or that accused persons are falsely implicated in the present case or that accused persons FIR No. 118/05 Page no. 5 of 11 are innocent.
7. PW-5 HC Chaman Singh deposed that on 05.11.2005, he along with HC Bir Pal Singh were on patrolling duty at Kichri Pur Pul near to Mandavali Village, NH-24. Secret informer met to them and informed the four boys on two separate stolen motorcycle will go to UP for the purpose of selling the stolen motorcycle. In the meantime, Ct. Amar Singh and HC Sish Pal who were also on patrolling duty arrived there, after having this information after putting barricades checking of vehicles were carried out to trace the stolen motorcycles. At about 05:40 pm, two motorcycles whereon four boys were sitting which were coming from the side of Mandavali were got stopped. Thereafter, all the four boys tried to get escaped from the spot after getting down from the motorcycle. But all the four boys were apprehended by making efforts. He apprehended Suresh Kandpal who was driving the motorcycle having without number plate and Ct. Chaman apprehended Ajay who was rider on the motorcycle which was driven by Suresh. Two other boys on different motorcycle were apprehended by HC Sish Pal and Ct. Amar Singh. Thereafter, Suresh Kandpal and Ajay Verma were asked to show the documents of the motorcycle having no number plate at that time but they could not produce any documents and could not reply satisfactory. Thereafter, on checking of aforesaid motorcycle engine and chasis number were traced and same he did not remember. On the basis of engine and chasis number of the abovesaid motorcycle information was sought from PCR about the aforesaid motorcycle was stolen for the area of PS Chanakya Puri for which a case FIR no. 118/05 was registered at PS Chanakya Puri. Thereafter, aforesaid motorcycle was seized vide memo Ex. PW4/B which bears his signatures at point B. HC Pal prepared rukka and the same is Ex. PW4/A and sent it through himself to PS for the registration of the case and on the basis of it case was registered at PS Mandavali for recovery of stolen motorcycle during the course of FIR No. 118/05 Page no. 6 of 11 investigation. During the course of investigation HC Bir Pal prepared the site plan and recorded the disclosure statement of both the accused Suresh Kandpal and Ajay Verma vide memos Ex. PW4/D and Ex.PW4/E respectively. Both the memos which bears his signature at point B, as after getting registration of the case he had returned back at the spot and copy of rukka and FIR were handed over to HC Bir Pal. Both accused pointed out the place from where theft of aforesaid motorcycle was committed in this regard pointing memo was prepared by him and the same is Ex.PW4/F which bears his signature at point B. After recovery motorcycle was deposited in Malkhana of PS Mandavali. He identified both accused Suresh Kandpal and Ajay Verma present in the court. From their possession aforesaid stolen motorcycle was recovered. He could identify the aforesaid stolen motorcycle if shown to him.
At this stage Superdar MHCM has produced motorcycle having no number plate bearing engine no. BKB 80985 and chasis no. BKB 81037 and the same was shown motorcycle to the witness after seeing it witness states that is the same stolen motorcycle which was recovered from the possession of both accused present in the court and the same was seized by HC BIR Pal in his presence. Motorcycle is Ex. P-1. Both the accused Ajay Verma and Suresh Kandpal were arrested vide memo Ex.PW5/A and Ex. PW5/B respectively both memos bears his signature at point A. In the cross examination counsel for the accused deposed that he was on 24 hours duty and after attending briefing at PS, he left PS at about 05:15 pm. He was on patrolling duty along with HC Bir Pal and their area for patrolling was bear no. 3 of PS Mandavali. They were on foot while patrolling. They were on Kichri Pur at 05:30 pm. They received secret information at 05:30 pm. He had no knowledge whether HC Bir Pal had informed to the Sr. Official or not at that time. At about 05:40 pm both the accused were got stopped on the motorcycle along with another FIR No. 118/05 Page no. 7 of 11 motorcycle. In his presence four boys were apprehended which were on two motorcycles. He did not know about the other motorcycle, but he know about the motorcycle whereon both the accused were sitting and it was Pulsar, having no number plate, black coloured. He did not remember the colour of cloth which were worn by both accused but they were apprehended by him and HC Bir Pal is a thick density area and public persons were present at that time. No Public witness were ready to join the investigation as they were requested for the same and they left the place without disclosing their name and addresses. He did not know whether IO had served any notice to them or not. At about 07:15 pm, he left the spot to reach to PS for registration of case. During that period IO prepared rukka and also make a call to 100 number. At about 07:30 pm, he had reached at PS. He remained in the PS for about two hours. He reached at again at the spot at about 09:45 pm. At about 10:15 pm, he along with HC Bir Pal and both the accused and case property returned back at the PS. Site plan, disclosure statement, seizure memo of vehicle and personal search was prepared in his presence. The documents prepared by IO bears his signature on as a witness. Aforesaid documents were signed by him. On 06.11.2005, SI C.L. Meena of PS Chanakya Puri recorded his statement. He denied the suggestion that investigation was not joined by him and no recovery was effected in his presence and neither accused was arrested in his presence and not proceedings were carried out in his presence and he denied the suggestion that he was deposing falsely.
8. PW-6 SI Rajpal Singh deposed that on 14.05.2005 he was posted as ASI at PS Chanakya Puri. On that day, he received a complaint by Abhishek Tyagi regarding theft of motorcycle bearing no. DL-8SS-8406 make Bajaj Pulsar, Black in colour in the police station Chanakya Puri. He recorded his statement thereafter endorsing the said statement he submitted it for registration for FIR under section 379 IPC. Thereafter after the registration FIR No. 118/05 Page no. 8 of 11 of FIR he went to the spot from where the motorcycle has been stolen and prepared the site plan on the instruction of the complainant which is Ex. PW6/A bearing his signature at point A. Thereafter, he investigated the case but could not find the accused and the case property. Thereafter, he recorded the supplementary statement, he flashed WT message to all SSP India and all SHOs in Delhi, thereafter he sent letter to Sate Crime Record Bureau and concerned authority. Thereafter, 1 and 1-1/2months he filed a untrace report before Ld. MM forwarded to SHO. Thereafter, he was transferred from the said police station to PCR so the present case was submitted before MHC (R ).
9. PW-7 SI C.L. Meena deposed that on 06.11.2005, he was posted as SI at PS Chanakya Puri. On that day, he received an information vide DD no. 23A which is marked A, regarding the recovery of stolen property pertaining to the case FIR no. 118/05 PS Chanakya Puri. He went to PS Mandavali and met with IO HC Veer Pal. He collected the documents pertaining to the present FIR. He recorded the statement of HC Veer Pal and Ct. Chaman Singh.
The accused Ajay and Suresh Khand Pal were formally arrested at Patiala House Court vide memo Ex. PW7/A and Ex. PW7/B which bears my signature and point A respectively. On 30.11.2005, the case property i.e. Motorcycle bearing no. DL 8SS 8406 was transferred from PS Mandavali to PS Chanakya Puri and the same was deposited at PS Chanakya Puri. After completion of the investigation he prepared the charge sheet and filed in the Hon'ble Court. He identified both the accused present in the court today (correctly identified). He could also identify the case property if shown to him (the case property has already been Ex. P-1).
Prior to 06.11.2005, the investigation of FIR no. 118/05 was in the hand of ASI Raj Pal Singh. He received information in respect of DD no. 23A dated 06.11.2005 he has not returned any statement of the complainant since FIR No. 118/05 Page no. 9 of 11 06.11.2005 till filling the present charge sheet. He arrested the accused person from the court. He had interrogated the accused persons were sent to judicial custody from the court after arresting them in the present case. He had taken the stolen Motorcycle from PS Mandavali to PS Chanakya Puri on 30.11.2005. He could not say whether he had made any departure entry prior to leaving the PS in respect of taking the aforesaid motorcycle. He did not remember whether he made any arrival entry from PS Mandavali in rojnamcha of his PS Chanakya Puri. He had not made any seizure memo of the above said stolen motorcycle after taking in his possession. He could not tell any identity mark of the motorcycle and also unable to say what was the condition of the said motorcycle. He denied the suggestion that as he had not taken any motorcycle so he had not prepared any document in respect of the said motorcycle. He did not remember whether any document was prepared by him for release of the motorcycle on superdari to the complainant.
10. Summons were sent to the complainant Abhishek Tyagi several times but same were received back unserved. After giving sufficient opportunities to the prosecution to prove its case, the prosecution has examined only seven witnesses. Thereafter, prosecution evidence was closed. Since there was nothing incriminating against the accused persons, statement of the accused is dispensed with.
11. I have heard the arguments on behalf of State and Ld. Counsel for the accused and has gone through the evidence led by the prosecution.
12. The complainant has not been examined in this case, so the complaint is not proved. Also, the case property allegedly recovered from the possession of the accused person has not been proved in the court. Further, the witnesses examined in this case are only formal in nature. Their testimonies, at best only prove that the motorcycle was recovered from the possession of the accused. But it is not proved that the said FIR No. 118/05 Page no. 10 of 11 motorcycle was stolen or that the accused persons received or retained it knowing or having reasons to believe the same to be stolen property.
13. In view of the above, the prosecution has miserably failed to prove its case against the accused persons. Hence, accused Suresh Kandpal and Ajay are acquitted for the offences under Section 411/34 IPC. Bail bonds already available on record are extended as per the provisions of Section 437-A Cr.P.C. Superdar stands discharged. Superdaginama stands cancelled.
File be consigned to Record Room.
Announced in the open court GOMATI MANOCHA on 07.11.2014 MM-02/ PHC/NEW DELHI
It is certified that this judgment contains eleven pages and each page bears my signature.
(GOMATI MANOCHA)
MM-02/ PHC/NEW DELHI
FIR No. 118/05 Page no. 11 of 11
FIR No. 118/05
PS Chanakya Puri
U/s 411/34 IPC
07.11.2014
Present: Ld. APP for the state.
Accused Suresh Kandpal and Ajay in person along with counsel.
Summons sent to PW Abhishek Tyagi received back with the report that he was living as a tenant and he has left the place about 9-10 years back and his present whereabouts are not know. No other PW is present today. Several opportunities have been availed by the prosecution to lead evidence. No ground for further adjournment is made out. Hence, PE is closed. Since there is nothing incriminating against the accused persons, statement of the accused is dispensed with.
Arguments heard. Put up at 4 pm for orders.
(GOMATI MANOCHA)
M.M-02/New Delhi/07.11.2014
At 4.00 p.m.
Present: Ld. APP for the state.
Accused Suresh Kandpal and Ajay in person along with counsel.
Vide separate judgment of even date, the accused Suresh Kandpal and Ajay are acquitted of the offences under Section 411/34 IPC. The accused persons are on bail. Bail bonds furnished on behalf of the accused are extended for a period of six months under the provision of section 437A Cr.P.C.
File be consigned to record room.
(GOMATI MANOCHA)
M.M-02/New Delhi/07.11.2014
FIR No. 118/05 Page no. 12 of 11