Delhi District Court
State vs . Dalip on 28 March, 2014
1
IN THE COURT OF SH. HARUN PRATAP
METROPOLITAN MEGISTRATE01(CENTRAL),
TIS HAZARI COURTS, DELHI - 110054
FIR No.26/14
PS - Karol Bagh
State Vs. Dalip
Unique Case ID No. 02401R0144422014
JUDGMENT
(a) Sr. No. of the Case 02401R0144422014
(b) Date of offence 11.01.2014
(c) Complainant Sh. Kapil Bajaj
(d) Accused Dalip
S/o Sh. Mangal Singh
R/o H.No.5803, Gali no.5, Singhara Chowk, Nabi
Karim, Paharganj, Delhi
(e) Offence 379/411/34 IPC
(f ) Plea of accused Pleaded Not Guilty
(g) Final Order Convicted
(h) Date of Institution 25.02.2014
(i) Date when judgment was 28.03.2014
reserved
(j) Date of judgment 28.03.2014
1. Briefly stated, the facts of the case are that the accused has been chargesheeted for committing the offences u/s 379/411/34 IPC. The allegations against the accused are that on 11.01.2014 at 12:05pm, in front of Gali no.28, Naiwalan, Karol Bagh, Delhi within the jurisdiction of PS Karol Bagh, he committed theft of Rs.5000/ and one College ICard belonging to the complainant Sh. Kapil Bajaj. Further allegations against the accused are that he was found in possession of the abovesaid stolen money Rs.5000/ and College ICard belonging to the complainant which he retained/received dishonestly and having reason to believe that the said money and ICard were stolen. As per the version of the prosecution, FIR No. 26/14 Page no.1 of 4 2 the accused thus committed offence punishable u/s 379/411/34 IPC.
2. After completion of the investigation, chargesheet was filed by the police in the Court on 25.02.2014 and the copy of the challan alongwith annexures was supplied to the accused on his appearance thereafter in compliance of provision u/s 207 CrPC. Notice of the accusation for the offence u/s 379/411/34 IPC was put to the accused vide order dated 28.02.2014, to which he pleaded not guilty and claimed trial.
PROSECUTION EVIDENCE
3. In order to prove the guilt of the accused, prosecution has examined only one witness:
4. Sh. Kapil Bajaj has been examined as PW1, who deposed that on 11.01.2014, he alongwith his cousin Sunny came to the market of Karol Bagh for purchasing the articles. He deposed that at about 12:05 pm, when they reached in front of Gali no. 28, Naiwalan, Karol Bagh, in the meantime, a person came from his opposite side and pushed him. He further deposed that he asked the said person to go from his side. Thereafter, when he proceeded ahead he felt that somebody had taken out his cash Rs.5000/ (in denomination of 10 currency notes of Rs.500/ each) and his I card of college from the right side of his pocket. He further deposed that when he immediately returned back and apprehended the accused then he asked the accused about his money and I card, but the accused told that he had not stolen the money and I card. He further deposed that he noticed that the back portion of shirt of FIR No. 26/14 Page no.2 of 4 3 accused was up and the complainant asked the accused about the same. Thereafter, accused took out a bag having tani from inner back side of his wearing pant and threw the same on the road and the said bag fell on the road. He further deposed that his money and I card also came out from the said bag and he immediately lifted the said money and I card. Thereafter, public persons gathered there and they apprehended the accused and gave slight beatings to the accused. Thereafter he informed the police at 100 number and police reached at the spot. He deposed that he handed over the abovesaid money and I card to the IO. IO seized the same vide seizure memo proved on record as Ex.PW1/A. Thereafter, IO recorded his statement proved on record as Ex.PW1/B. Thereafter, the PW1 pointed out place of incident to the IO and IO prepared site plan proved on record as Ex.PW1/C. Thereafter, IO arrested the accused vide arrest memo and personal search was made vide memo proved on record as Ex.PW1/D and Ex.PW1/E respectively. PW1 got the case property released on superdari vide superdarinama proved on record as Ex.PW1/F. PW1 correctly identified the case property i.e. Rs.5000/ and the I Card in the photographs proved on record as Ex.P1. He was cross examined and discharged.
5. The prosecution did not wish to examine any further witness in this case and PE was closed vide order 28.03.2014. Statement of accused was thereafter got recorded by putting entire incriminating evidence to him u/s 313 CrPC vide order of the even date, wherein, the accused denied all the allegations against him and stated FIR No. 26/14 Page no.3 of 4 4 that he has been falsely implicated in the present case.
6. Final arguments heard. File perused.
APPRECIATION OF FACTS/CONTENTIONS/ANALYSIS AND FINDINGS:
7. In the present case, the complainant has specifically deposed that it was the accused who had been apprehended at the spot itself and from whose possession the cash amount belonging to the complainant alongwith his ICard were recovered. The identity of the accused and the recovery of the stolen amount from his possession have been specifically deposed by the complainant in his testimony before the Court on Oath. The testimony of the complainant to this effect has not been impeached by the accused despite his cross examination.
Final Order
8. In view of the aforesaid discussion, the Court has no hesitation in hereby arriving at the finding that the prosecution has established its case beyond the shadow of any reasonable doubt and hence, the accused stands convicted for the offence u/s 379/411/34 IPC.
Copy of the judgment be given to the accused immediately.
Announced and Signed in the Open Court
on 28th day of March 2014. (Harun Pratap)
MM01(Central)/THC/Delhi
28.03.2014
FIR No. 26/14 Page no.4 of 4