Delhi District Court
Criminal Case/58/2011 on 7 July, 2012
FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi IN THE COURT OF SH. NEERAJ GAUR, LD.METROPOLITAN MAGISTRATEIII/NORTH, DELHI FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi C/N. 89/2 U. ID No. 02401R03209382011 Date of Institution : 05.05.2011 Date of commission of offence : 08.03.2011 Name of the complainant : Dr. Rachna Malhotra W/o Dr. Saketkant. Name and address of accused : Satish @ Sonu s/o Sh. Amar Singh, R/o D55, Kabir Basti, Malka Ganj, Subzi Mandi, Delhi Offence complaint off : U/S 392/411 IPC Plea of guilt : Pleaded not guilty Final Order : Acquitted u/s 392 IPC & Convicted u/s 411 IPC Date of reserve for order : 07.07.2012 Date for announcing the order : 07.07.2012 U. ID NO. 02401R03209382011 Page No. 1 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi J U D G M E N T:
Brief facts and pre trial proceedings:
1. The case of the prosecution, as disclosed in the chargesheet is that on 08.03.2011 at about 05.15 pm, PW1 Dr. Rachna Malhotra was present near Pul Bangas Metro Station when Rajan (juvenile) committed robbery by grabbing PW1 from her neck and he committed robbery of ear rings, black coloured bag containing books, Wallet containing cash, Nokia 6030 mobile phone, D/L and a Jute Bag containing Nokia 5233 mobile phone. Site plan was prepared and juvenile Rajan was arrested and personally searched. On the same day PW4 Ct. Rakesh and PW9 Ct. Mahipal Singh were on patrolling duty and while passing through the side of Kamla Nehru Park, they heard the alarm of the complainant and reached there. Complainant complained that two persons snatched her belongings. Both these witnesses apprehended juvenile Rajan and recovered certain stolen articles from U. ID NO. 02401R03209382011 Page No. 2 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi him. Rajan was handed over to PW2 ASI Baljeet Singh. ASI Baljeet Singh acting upon DD no. 22A, reached at Kamla Nehru Park and met PW1. PW2 prepared the rukka and prepared seizure memo with respect to the Raxin Bag. On 89.03.2011, PW5 HC Khushal Singh and PW6 HC Sanjay Kumar conducted the investigation of this case and reached at Kabir Basti in search of accused Satish and he was spotted near Y point and he was apprehended. He was arrested and personally searched. Accused Satish made disclosure statement and led the police to Kamla Nehru Park and from behind bunch of bushes, he got recovered a match box from underneath a stone, which was containing two ear tops. After completion of the investigation, accused was sent up for trial.
2. Copies were supplied to the accused and after necessary compliances charge u/s 392/411 IPC was framed against the accused.
Accused pleaded not guilty and claimed trial.
U. ID NO. 02401R03209382011 Page No. 3 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi Trial
3. To prove the charge, prosecution examined twelve witnesses in total whose depositions are being discussed in brief as follows :
(i). PW1 Dr. Rachna Malhotra is the complainant in the present case who deposed that on 08.03.2011 at about 05.15 pm, she was going towards to HRH, a boy grabbed her neck from behind very tightly and she fell down on the footpath. After that that boy snatched by force her ear rings, black coloured bag containing books, Mehroon coloured wallet containing cash around Rs. 2000/, Nokia 6030 mobile, D/L and a Jute Bag containing Nokia 5233 . After snatching, that boy ran away. She called at 100 number and two police personnel came there to whom she narrated the incident. After some time she went to PS where she identified that accused. From that boy, her black bag with the books and Nokia Mobile 6030 were recovered which, she U. ID NO. 02401R03209382011 Page No. 4 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi identified to be her belongings. She proved her statement as Ex.PW1/A. She also proved the site plan as Ex.PW1/B. She correctly identified her belongings.
(ii). PW2 ASI Baljeet Singh deposed that on the relevant date at about 05.30 pm after receiving DD no. 22A, he along with Ct.
Vikramaditya reached at the spot where they met the complainant Dr. Rachna Malhotra. She narrated the whole incident to him. He further deposed that complainant identified the boy at the PS who snatched her belongings and she also identified her belongings i.e. ear tops, black colour bag, mobile phone, books and diary. PW2 recorded the statement of complainant and prepared rukka. On inquiry, culprit disclosed his name as Rajan @ Mundan. He handed over the custody of the Rajan and case property to SI D.P. Yadav. He proved the seizure memo of rexin bag and mobile phone as Ex.PW2/A. The case properties were exhibited as U. ID NO. 02401R03209382011 Page No. 5 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi Ex.P1 to P7.
(iii). PW3 HC Amar Pal is a witness of formal in nature being MHC(M) who deposed that case property was deposited with him vide entry in ExPW3/A & PW3/B made in register No. 19.
(iv). PW4 Ct. Rakesh Kumar and PW9 HC Balbir Singh deposed that on 08.03.2011 they were going towards HRH and when they reached the Kamla Nehru Park, they heard the cries of woman regarding snatching of her purse. They noticed that one person was running with a bag who was pointed out by the lady. They chased and apprehended that boy whose name was disclosed as Rajan. From his possession the stolen bag of that lady was recovered. They brought Rajan and the stolen bag to PS Subzi Mandi where complainant Dr. Rachna Malhotra was also present. She identified her purse. The case was handed over to emergency officer ASI Daljeet Singh. Rajan was found to be juvenile. Bag U. ID NO. 02401R03209382011 Page No. 6 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi along with all the aforementioned articles was seized vide seizure memo Ex.PW2/A.
(v). PW5 HC Khushal Singh deposed that in the intervening night of 08/09.03.2011, he joined investigation of the present case along with HC Sanjay Kr and as per the orders of SHO PS S. Mandi, they reached at Kabir Basti near Y point, service road in search of accused Satish @ Sonu. Accused was known to them previously as he was a bad character of the PS. They noticed accused Satish near Y Point who was wandering there and they immediately tried to apprehend him but before that, he inflicted injuries on his head and neck himself using a surgical blade. Accused was immediately taken to HRH and got medically examined. Accused was discharged from the hospital in the early morning hours and thereafter, he was brought to the PS and was handed over to IO SI D.P. Yadav. IO made interrogation from the U. ID NO. 02401R03209382011 Page No. 7 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi accused and during interrogation he made disclosure statement and accused was arrested in the present case. Arrest memo, personal search memo and disclosure statement of accused to this effect are Ex. PW 5/A, PW 5/B and PW 5/C. Thereafter, accused led them to Kamla Nehru Park and from the park, he led them to a bunch of bushes and from there he took out one match box from underneath a stone and from match box two ear tops of some yellow metal were recovered. The match box containing ear tops was put in a white cloth and sealed with the seal of DPY and sealed pullanda was seized vide memo Ex. PW 5/D. Thereafter, accused led them to the gate of Kamla Nehru Park located on road leading towards Hindu Rao Hospital from Barfkhana and pointed out the place at where he had robbed one lady along with his associate and pointing out memo to this effect is Ex. PW 5/E. He correctly identified the accused and case property. U. ID NO. 02401R03209382011 Page No. 8 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi
(vi). PW6 HC Sanjay Kumar deposed on the same lines of PW5 HC Khushal Singh.
(vii). PW7 SI Rampal Singh is the Duty Officer who deposed that he received a rukka from ASI Daljeet Singh and on the basis of which the instant FIR Ex.PW7/A was registered by him. He made endorsement Ex.PW7/B on the rukka.
(viii). PW8 Ct. Rajnish Kumar deposed that DO handed over him the copy of FIR and original tehrir which he further handed over to SI D.P. Yadav.
(ix). PW10 HC Balbir Singh Sehrawat deposed that he received a call from control room at 05.20 pm. Thereafter, he went to Kamla Nehru Park where he met the complainant. ASI Baljeet Singh also came at the spot.
(x). PW11 Ms. Geetanjali, Ld. MM (Mahila Court), Tis Hazari Courts, Delhi deposed that on 19.03.2011 she fixed the U. ID NO. 02401R03209382011 Page No. 9 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi application for conducting the TIP of case property for 25.03.2011 vide her endorsement ExPW11/A. She conducted the TIP of the case property (ear tops) on 25.03.2011. She proved the TIP proceedings as Ex.PW11/B with certificate Ex.PW11/C appended on the proceedings.
(xi). PW12 SI D.P. Yadav deposed that on 08.03.11, the investigation of the present case was marked to him. On that day, one juvenile namely Rajan @ Mundan was apprehended in the present case by ASI Daljeet Singh. PW12 was the JWO of PS S. Mandi, so, juvenile Rajan was handed over to him. ASI Daljeet Singh also handed over to him one raxin bag black in colour, one book on which immunization hand book for medical officers was written, one more book on which AOGD Bulletin was written, one diary with green colour cover, one mobile phone make Nokia 6030 black in colour and a cash amount of Rs. 200/ stating that U. ID NO. 02401R03209382011 Page No. 10 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi same were snatched by the juvenile along with his associate from complainant Dr. Rachna Malhotra along with the seizure memo of aforementioned articles. At that time, complainant Dr. Rachna Malhotra was also present and she had identified her articles as well as the juvenile. PW12 made interrogation from juvenile Rajan and during interrogation, he disclosed that at the time of commission of crime, he was accompanied by one Satish @ Sonu. Thereafter, juvenile was sent to Juvenile Home, Kingsway Camp, Delhi and on the next day, he was produced before JJB. On the same day i.e. 08.03.11, PW12 had gone to the spot of incident along with complainant Dr. Rachna Malhotra and had prepared the site plan at the instance of the complainant and site plan is Ex.PW1/B. PW12 also recorded the statement of the complainant u/s 161 CRPC. The articles recovered from the juvenile were deposited in Malkhana. On 09.03.11, when PW12 returned at the U. ID NO. 02401R03209382011 Page No. 11 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi PS from JJB, HC Sanjay and HC Khushal handed over to him accused Satish @ Sonu. It was also told by HC Sanjay and HC Khushal that when they tried to apprehend accused Satish, he inflicted injuries on his person with a surgical blade and when accused was handed over to him, the bandages were put on the head and neck of the accused. PW12 deposited the MLC of accused at the hospital and concerned doctors opined that the injuries suffered by the accused were self inflicted. PW12 made interrogations from the accused and after interrogation, he was arrested in the present case. Arrest memo, personal search memo and disclosure statement of accused in this regard are Ex.PW 5/A, PW5/B and PW5/C respectively. Thereafter, accused Satish led them to Kamla Nehru Park and in the park, he led them to a bunch of bushes and from there, it took out one match box from underneath a stone and from match box, two ear tops of U. ID NO. 02401R03209382011 Page No. 12 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi some yellow metal were recovered. The match box containing the ear tops were put in a white cloth and was sealed with the seal of DPY. Sealed pullanda was seized vide seizure memo Ex.PW5/D. Seal after use was handed over to HC Sanjay Kr. Thereafter, accused led them to gate of Kamla Nehru Park located on the roads leading towards HRH from the side of Barafkhana and pointed out the spot where, he along with his associate Rajan @ Mundan had robbed the complainant and pointing out memo to this effect is Ex.PW5/E. PW12 further deposed that accused also disclosed that he was a smack addicted and on the day of incident i.e. 08.03.11, he hatched the conspiracy along with Rajan and he stood near the gate of Kamla Nehru Park and instructed Rajan to rob the articles of a lady who was coming alone from the side of Barafkhana Chowk and he had assured Rajan that if someone will try to intervene, he will help him and on his instigation, Rajan @ U. ID NO. 02401R03209382011 Page No. 13 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi Mundan overpowered that lady and snatched her belongings which were later on divided by them and he received two ear tops, one mobile phone make Nokia and some cash. He further deposed that the Nokia Phone could not be recovered as accused stated that he had sold the phone to some unknown person. Thereafter, they returned at the PS and PW12 deposited the case property in Malkhana and accused was put in lock up. On the next day i.e. 10.03.11, accused was produced before the Court. On 19.03.11, PW12 moved an application before the Court for conducting judicial TIP of the recovered ear tops and his application to this effect is Ex. PW 12/A and judicial TIP was fixed for 25.03.11. On 25.03.11, PW12 along with complainant appeared before the Court of Ms. Geetanjali, Ld. MM and the complainant was produced before Ms Geetanjali, Ld. MM by PW12 and judicial TIP proceedings of the case property were got U. ID NO. 02401R03209382011 Page No. 14 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi conducted. PW12 moved an application Ex. PW 12/B before the Court of Ms. Geetanjali, Ld. MM for obtaining the copy of judicial TIP proceedings. The case property was returned to him by Ms. Geetanjali, Ld. MM after sealing the same with the seal. Thereafter, the case property was again deposited in Mal Khana by PW12. PW12 completed the investigation, prepared the charge sheet and filed the same in the Court. He ( PW12) correctly identified the accused and case property in the Court.
Statement of accused and defence
4. After concluding prosecution evidence, accused Satish @ Sonu has been examined u/s 313 CrPC on 05.07.2012. During statement u/s 313 CrPC, accused stated that he was falsely implicated in the present case. He further stated that he was lifted from his house by the police officials. He did not choose to lead any evidence in defence. U. ID NO. 02401R03209382011 Page No. 15 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi Arguments and appreciation of evidence in the light of legal propositions:
5. The first charge against the accused is of committing robbery. To prove this charge, prosecution seems to have relied upon the confessional statement of the juvenile Rajan and of accused Satish, which are inadmissible being made to police officers while in custody.
There is no evidence establishing the presence of accused Satish nearby the spot when Rajan was allegedly committing the robbery. As per the statement of PW1, robbery was committed only by Rajan. There is no positive evidence or circumstantial evidence to prove that Satish hatched any conspiracy with Rajan to commit the robbery. Even Satish has not been charged for the offence of criminal conspiracy. There is nothing on record to show that Rajan had any common intention with Satish to commit the alleged robbery. In these circumstances, no criminal liability can be vicariously fastened with accused Satish for the act committed by Rajan. Ld. Legal Aid Counsel Sh. J.P. Sharma rightly U. ID NO. 02401R03209382011 Page No. 16 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi argued that charge u/s 392 IPC could not be proved. In these circumstances, I hold the accused not guilty u/s 392 IPC.
6. As regards the charge u/s 411 IPC, prosecution has duly proved through the recovery witnesses PW5 & PW6 that the accused Satish got recovered stolen ear tops Ex.P4 from underneath a stone in the bunch of bushes. The ear tops were kept in a match box. The disclosure statement Ex.PW5/C is admissible to the extent of discovery of the fact of concealing the stolen property at a place which was not known to the police. The subsequent recovery of the ear tops pursuant to this disclosure becomes relevant. The ear tops Ex.P4 have been duly identified by the complainant during their judicial TIP as well as during her deposition in the Court. The accused did not set up a case that the ear tops belonged to him. In these circumstances, the inference becomes inevitable that the accused knew that the ear tops were stolen property. He received them despite the knowledge of the ear tops being stolen U. ID NO. 02401R03209382011 Page No. 17 of 18 FIR No. 58/11 S/v Satish @ Sonu U/s 392/411 IPC PS: Subzi Mandi property. All the ingredients of Section 411 IPC are proved against the accused and accordingly I hold him guilty for the offence punishable u/s 411 IPC.
Conclusion
07. In view of the above discussion, the accused Satish @ Sonu is acquitted for the offence u/s 392 IPC and convicted for the offences u/s 411 IPC. Arguments on sentence shall be heard separately.
Announced in open court (Neeraj Gaur)
today i.e. 07.07.2012 Metropolitan MagistrateIII/N
Tis Hazari Courts, Delhi
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