Delhi District Court
State vs Neeru on 13 November, 2024
IN THE COURT OF SH. DEEPAK WASON
ADJ-04 : SW DISTRICT : DWARKA COURTS : NEW DELHI
SC No. 605/2023
CNR No. DLSW01-008588-2023
State Vs. 1. Neeru
D/o Late Sh. Kanwar Sain
R/o A-47, Shiv Puri,
Part-II, Najafgarh, New Delhi.
2. Bishmilla @ Dillu
S/o Sh. Abdul Mazid,
R/o Nafe Ke Makan,
Jhuggi Near Madina Masjid,
Deenpur Village,
New Delhi, Chhawala
FIR No. : 101/2023
Police Station : J.P. Kalan
Under Sections : 392/397/411/34 IPC
Date of committal to Sessions Court : 29.08.2023
Date on which judgment was reserved : 13.11.2024
Date on which Judgment pronounced : 13.11.2024
Final order : Accused Neeru is
acquitted for the offences u/s
394/397/34 IPC and convicted
for the offence u/s 411 IPC.
Accused Bishmilla @ Dillu is
acquitted for the offence u/s
394/397/34 IPC.
JUDGMENT
BRIEF FACTS OF THE CASE:
1. The story of the prosecution in brief is as under:- SC No. 605/23 State Vs Neeru & Anr Page 1 of 9
2. The accused persons have been sent to face trial under Section 394/397/411/34 IPC (hereinafter called as IPC) on the allegations that on 21.05.2023 at about 02:22 a.m on Dhansa Road, near Mundhela Mod, both accused persons along with their associate Jeetu (not apprehended) caused hurt to complainant Atul Kumar while committing robbery of Rs.17,000/-
and one Samsung Galaxy A-12 (blue colour) mobile phone having IMEI No. 351886694163012/01 and 358434334163010/01 belonging to the complainant and while committing robbery used deadly weapon i.e knife. Further, on 21.05.2023 after 2:22 a.m, in the fields adjacent to Dhansa Road, near Mundhela Mod, accused Neeru was found in possession of the stolen property one Samsung Galaxy A-12 (blue colour) mobile phone having IMEI No. 351886694163012/01 and 358434334163010/01 belonging to the complainant, and on the basis of the said allegations, the present FIR bearing no. 101/23 was registered at Police station Jaffarpur Kalan and both accused persons have been charged with the offences under Section 394/397/411/34 IPC.
3. After investigation, charge sheet was filed against both the accused before the Ld. concerned MM and the copies of charge sheet were supplied to them in compliance of Section 207 Code of Criminal Procedure (hereinafter called as Cr.P.C) and thereafter, matter was committed to the Sessions Court on 29.08.2023 and on 27.10.2023 charges under Section 394/34 IPC were framed against both accused and a separate charge under Section 397/411 IPC was framed against accused Neeru and also a separate charge under Section 397 IPC was framed against accused Bishmilla @ SC No. 605/23 State Vs Neeru & Anr Page 2 of 9 Dillu to which they pleaded not guilty and claimed trial.
4. The prosecution was thereafter given opportunity to prove the accusation against both accused persons and in support of its case, prosecution has examined 5 witnesses.
5. PW-1 is Sh. Atul Kumar, S/o Sh. Suresh Chand, R/o Village Ginoli, District Firozabad, UP. He is the complainant in the present matter who deposed that in the year 2023, however, he did not remember the exact date and month. He further deposed that on the day of incident, he took one Trolla no. HR 84-4311 from Charkedadri to Delhi and the said trolla was driven by him, which was loaded with interlocking bricks and same was unloaded at Chhawla and at about 01:00 AM, after unloading the same, he was going back to Charkedadri after covering 7-8 kms from Chhawla, one boy and a girl stopped his trolla and asked him for Nangloi Road, and they asked him for help/lift upon which, he refused to lift them. He further deposed that the boy asked him that the girl had a problem and it was dark over there, so he refused for lift, however, on repeated request, he gave them lift and after some distance, one another boy met them on the road and at the request of a boy and girl, who were already in his trolla, he gave lift to the second boy and the second boy also requested to drop him at Nangloi Road. He further deposed that after covering some distance, where is the Nangloi road, and where they want to get down. He further deposed that after some distance, there was a dark, where the girl asked him to attend the nature call to which he stationed the trolla, thereafter, the above said girl got down from the trolla and both the boys asked him what else he has in the SC No. 605/23 State Vs Neeru & Anr Page 3 of 9 trolla or with him and they asked me to hand over the money, which he has with him. He further deposed that thereafter, one of the boy took out the knife and other boy took out Sua and thereafter, knife was put on his neck and Sua was put on his waist. He further deposed that he could not identify face of the accused persons due to the darkness. He further deposed that immediately, thereafter, he jumped from the trolla and in the meantime, one truck (Hyva 10 wheel truck) was coming from behind and he lifted upon that truck and fled away from the spot. He further deposed that after 5 minutes, he came back at the spot and found his above mentioned trolla and mobile at the spot. He further deposed that in the meantime, police also reached at the spot and he told all the incident to the police and police took his mobile and took him to the PS. He further deposed that in the PS, IO recorded his statement as Ex. PW-1/A. He further deposed that he had shown the spot to the IO and IO prepared the site plan as Ex. PW-1/B. This witness was cross-examined by the Ld. Addl. PP for the State as the witness was resiling from his statement. In his cross-examination, he admitted certain things. However, he denied the suggestion that in the mean time, the accused girl came inside the trola and she took his search and during his search, she took his samsung mobile phone. He further denied the suggestion that the accused girl took the knife from the boy who wore red T-shirt or that thereafter, she put a knife on his neck and asked him to "mai rojana khoon pite hu". He further denied the suggestion that all the accused persons robbed Rs. 17000/- and his mobile phone. He further denied the suggestion that police recovered his mobile phone from accused Neeru. This witness has failed to identify both the accused persons despite being specifically pointed out by the Ld. Addl. PP for the State. This witness was SC No. 605/23 State Vs Neeru & Anr Page 4 of 9 not cross examined by the Ld. defence counsel.
6. PW-2 is W/Ct. Mukesh, No. 2309/DW, PS J.P. Kalan. She deposed that on 21.05.2023, she was posted at PS JP Kalan, as W/Ct and her duty hours were from 08:00 AM to 08:00 PM and on that day, she received DD no. 6 & 7 A regarding snatching of money. She has further deposed that thereafter, she along-with SHO reached at the spot where ASI Dharambir along-with accused Neeru and other police staff was found present there and she came to know that accused Neeru received injuries on her leg during robbery. She has further deposed that as per the directions of the IO, she took the accused Neeru to RTRM hospital, where she was got medically examined vide MLC no. 2300/23 and thereafter, after medical examination, they returned back at the spot, thereafter, accused Neeru was arrested vide memo as Ex. PW-2/A and her personal search was conducted vide memo as Ex. PW-2/B and disclosure statement of accused Neeru was also recorded vide memo Ex. PW-2/C and after arrest, they took the accused to the PS. This witness was cross-examined by the Ld. defence counsel.
7. PW-3 is HC Naresh, No. 572/DW, PS J.P. Kalan. He has deposed on the same lines as deposed by PW-4 ASI Dharambeer. This witness was also cross-examined at length by the Ld. defence counsel.
8. PW-4 is ASI Dharambeer, No. 437/DW, PS Dwarka North. He deposed that on 21.05.2023, he was posted at PS JP Kalan as ASI and on that day, his duty hours were from 08:00 PM to 08:00 AM on emergency duty along with HC Naresh. He further deposed that he received DD no. 6 SC No. 605/23 State Vs Neeru & Anr Page 5 of 9 & 7 A regarding snatching of money and thereafter, he along with HC Naresh reached at Dhansa Road, Mundela Cut, where one trolla Chalak / Driver namely Atul met them. He further deposed that he recorded his statement as Ex. PW-1/A, prepared rukka as Ex. PW-4/A and handed over to HC Naresh for registration of FIR. He further deposed that one mobile phone (make samsung) which was recovered from accused Neeru was seized vide seizure memo Ex. PW-3/A. He further deposed that after the registration of FIR, HC Naresh returned back at the spot along with ASI Shivanand who already received the copy of FIR and original tehrir. He further deposed that thereafter, he prepared site plan at the instance of complainant Atul as Ex. PW-1/B. He further deposed that thereafter, he left the spot as further investigation was marked to ASI Shivanand. He further deposed that thereafter, he sent W/Ct. Mukesh with accused Neeru to RTRM hospital after medical examination, W/Ct Mukesh and accused Neeru returned back at the spot. He further deposed that thereafter, he inquired from accused Neeru. This witness was also cross-examined by the Ld. defence counsel.
9. PW-5 is SI Satish Kumar, No. 1117DW, DPA Dwarka, Sector-9, New Delhi. He deposed that on 21.05.2023, he was posted at Crime Team, Dwarka District as SI / I/C Crime Team and on that day, he along with Forensic Expert and Photographer HC Anil reached at the spot i.e Dhansa Road, Mundela Cut on receiving of the information regarding the robbery and after reaching at the spot, truck no. HR-844311 was found stationed. He further deposed that Photographer HC Anil clicked the photographs of the spot and the truck as Ex. PW-1/D (colly). He further deposed that he tried to SC No. 605/23 State Vs Neeru & Anr Page 6 of 9 trace out the chance print from the truck, however, chance print was not recovered and thereafter, he prepared his Crime Scene Report as Ex. PW-5/A. This witness was not cross-examined by the Ld. defence counsel.
10. It is a matter of record that a joint statement of accused under Section 294 Cr.P.C was recorded on 30.03.2024 wherein both accused have admitted the FIR No. 101/23 as Ex. A-1, certificate under Section 65B of IE Act as Ex. A-2, DD No. 6A as Ex. A-3, DD No. 7A as Ex. A-4, DD No. 13 A as Ex. A-5, DD No. 80A as Ex. A-6, DD No. 82A as Ex. A-7, Copy of FIR no. 112/2023 as Ex. A-8, copy of disclosure statement of accused Bishmilla @ Dillu in FIR No. 112/23 as Ex. A-9, copy of arrest memo of accused Bishmilla @ Dillu in FIR no. 112/23 as Ex. A-10 and TIP proceedings dated 08.07.2023 as Ex. A-11.
11. The record reveals that accused Neeru is facing trial for the offences under Section 394/34 IPC & 397/411 IPC along with co-accused Bishmillah @ Dillu, who is also facing trial for the offences under Section 394/34 IPC & 397 IPC. The record reveals that complainant was examined as PW-1 wherein, he specifically deposed that he could not identify the accused persons who had committed offence with him. This witness was also cross examined by Ld. Addl. PP for the state but this witness did not support the case of the prosecution regarding identity of the accused persons. Hence, it was observed by the Court that both accused cannot be convicted for the offences under Section 394/397/34 IPC. Since, vide today's proceedings, one of the accused Neeru has pleaded guilty for the offence under Section 411 IPC, it was further observed by the Court that no purpose would be SC No. 605/23 State Vs Neeru & Anr Page 7 of 9 served by examining the other witnesses, since, no amount of evidence can lead to the conviction of both the accused for the offences under Section 394/397/34 IPC and accordingly, PE was closed.
12. Since, nothing incriminating evidence has come on record against both the accused persons, statement of both accused under Section 313 Cr.P.C was also dispensed with.
13. I have heard the Ld. defence counsels as well as Ld. Addl. Sub PP for the state.
14. As discussed above, complainant has not supported the case of prosecution and totally demolished the case of prosecution as complainant did not identify the accused persons, hence, nothing has come on record against both the accused persons, accordingly, accused Neeru is acquitted for the offences under Sections 394/397/34 IPC and accused Bishmilla @ Dillu is acquitted for the offences under Section 394/397/34 IPC and accused Neeru is convicted for the offence under Section 411 IPC (since she has pleaded guilty for the said offence).
15. Accused Bishmilla @ Dillu is directed to furnish bail bonds / Surety Bond under Section 437 A Cr.P.C in the sum of Rs.20,000/-. At request of the accused, his previous bail bonds are extended in terms of Section 437 A Cr. PC and shall remain in force for six months from today.
16. Put up for compliance qua convict Neeru for the offence under SC No. 605/23 State Vs Neeru & Anr Page 8 of 9 Section 411 IPC for 21.12.2024.
Digitally signed by DEEPAKDEEPAK WASON Date: WASON 2024.11.13 21:31:52 +0530 Announced in open Court today i.e 13th November, 2024 (Deepak Wason) Additional Sessions Judge-04 South-West: Dwarka Courts: New Delhi SC No. 605/23 State Vs Neeru & Anr Page 9 of 9