Delhi District Court
State vs . on 2 June, 2014
ID No. 02406R0269552012
IN THE COURT OF ADDITIONAL SESSIONS JUDGE - 04
& SPECIAL JUDGE (NDPS) SOUTH EAST: SAKET COURTS: DELHI
Sessions Case No.30/2013
Unique ID No. 02406R0269552012
FIR No. 281/2012
U/s. 328/392/411 IPC
PS : Sun Light Colony
State
Vs.
Nashir, ..........Accused
S/o Sh. Shamshad,
R/o B-255, Madanpur Khadar,
Kachi Colony, New Delhi.
Instituted on : 17th November, 2012
Argued on : 24th May, 2014
Decided on : 31st May, 2014
JUDGMENT
1. At about 11:00 am on 24th July, 2012, victim Satish Kumar Sharma boarded a bus Route No. 469 from Khanpur in order to go to his house, while travelling in the bus, accused Nasir served a cream biscuit mixed with stupefying drug to the victim, due to which he became drowsy and thereafter, accused picked up his two bags and fled away. He was caught and beaten by passengers of the bus and arrested by police. Accused was charge sheeted and sent up to face trial for commission of offence punishable u/s 328 & 392 IPC.
Facts 1.1 Briefly stated, case of the prosecution is that at 11:30 am on 24th July, 2012, DD No. 14 was recorded at PS Sunlight Colony to the effect that near Sarai Kalen Khan Bus Depot, in DTC Bus Bearing No. DL-1PC-7019, Route No. 469, one person had become unconscious, after he was made to eat something. Other boy State Vs. Nashir - SC No. 01 of 2013 1/16 ID No. 02406R0269552012 namely Nashir S/o Shamshad aged 21 years was running away with the stolen bag and was beaten by the public & got injured. Both boys were taken to the Hospital. Head Constable Om Prakash alongwith Constable Dharambir reached at Gate No. 1, I.P. Park. One lower floor A/C Bus Bearing No. DL-1PC-7019 of Route No. 469 and one PCR Van K-13 MPV were found parked. Incharge ASI Prabhu Dayal Meena, Head Constable Sensar Pal and Constable Ravi were found present there. Assistant Sub-Inspector Prabhu Dayal apprehended accused Nashir s/o Shamshad alongwith two bags of black colour. He produced Accused before Head Constable Om Prakash and made statement to him. Head Constable Om Prakash conducted an inquiry and recorded statement of Assistant Sub-Inspector Prabhu Dayal Meena, Incharge PCR. Head Constable Om Prakash alongwith Constable Dharamvir reached AIIMS Hospital. Head Constable Om Prakash collected MLC of Satish Kumar Sharma, S/o Sh. R. P. Sharma, aged about 24 years, who was brought to the Hospital by Constable Ravi with the alleged history of unknown poisoning. He was having drowsiness and was 'unfit for statement'. Head Constable Om Prakash went to Trauma Center, AIIMS from where he collected MLC of accused Nashir s/o Shamshad r/o B-255, Madanpur Khadar, Kachi Colony, New Delhi.
1.2 FIR No. 281/2012, u/s 328/379/411 IPC, Police Station Sunlight Colony was recorded vide DD No. 10-A, at 04:40 pm on 24th July, 2012. In his statement, Assistant Sub-Inspector Prabhu Dayal stated that at 11:20 am on 24th July, 2012, he was present at Gate No. 1, I.P. Park, Ring Road near ISBT, Sarai Kale Khan alongwith Gunman Constable Sukhwinder Singh. Then, one DTC Bus Bearing No.DL-1PC-4698 stopped there. There was noise and commotion in the bus. Rear gate of the bus opened and one person namely Nashir s/o Sh Shamdhad, R/o. B-255, Madanpur State Vs. Nashir - SC No. 01 of 2013 2/16 ID No. 02406R0269552012 Khadar, Kachi Colony having two bags of black colour in his hand started running after getting off the bus and passengers running behind him while shouting 'chor-chor'. Assistant Sub-Inspector Prabhu Dayal alongwith police staff also ran behind the said person alongwith Head Constable Sanser Pal and Constable Ravi of Police Post Sarai Kale Khan, who had also reached there after hearing noise. Accused Nashir was apprehended and was beaten by passengers.
1.3 On inquiry, it was revealed that passenger Satish Kumar Sharma s/o Sh. Rajpal Sharma, r/o Sangam Vihar sitting in the bus was administered some intoxicating drug and thereafter, he became unconscious and accused was running away with his bag. He informed PCR. On checking two black colour bags, keys and DTC Bus pass No. 218575 on which name of Satish Kumar Sharma was written was found in one bag and in the other bag, one purse of black colour having some papers and attendance card of the Satish Kumar Sharma and one mobile (Nokia IMEI No. 356930/03) was found. Both the bags and articles were seized. Victim Satish Kumar as well as injured Nashir (accused herein) were sent to Hospital alongwith Head Constable Sensar Pal and Constable Ravi. Investigation was handed over to Assistant Sub-Inspector Shri Krishan, who recorded statements of Ranbir Singh, Conductor of DTC Bus and other witnesses u/s 161 Cr.PC. He prepared site plan, arrested accused Nashir and recorded disclosure statement of the accused, who disclosed that intoxicating drug was mixed in the biscuit, which passengers of the bus was made to eat and he had kept packets of biscuit and tablets in his room at Madanpur khadar. On the pointing out of the accused, one packet of parle cream orange biscuit and four strips of tablet of 'Ativan, mg2' Lorazepam BP were seized after sealing, case property was deposited in Malkhana. Gestric fluid of Satish Kumar Sharma handed over by State Vs. Nashir - SC No. 01 of 2013 3/16 ID No. 02406R0269552012 Doctor was seized and then, sent to the FSL Rohini for examination. 1.4 On conclusion of investigation, charge sheet was filed in the Court of Metropolitan Magistrate on 19.10.2012, who committed the case to the Court of sessions. On 02.01.2013, charges u/s 328 & 392 IPC were framed against the accused by the Learned Predecessor of this Court to which he pleaded not guilty and claimed trial.
Charges
2. Points which emerge for determination in this case are :-
(i) whether on 24.07.2012, at about 11:20 am, complainant Satish Kumar Sharma, who was travelling in the Bus Bearing No. DL-IPC-7019 on Route No. 469 was served with a biscuit mixed with poisonous/stupefying substance (Benzodiazepine, Lorazepam) by accused Nashir and as a result caused him hurt?
(ii) Whether after administering complainant with the poisonous/stupefying substance mixed in a biscuit, accused Nashir robbed complainant of his belongings in two black colour bags i.e. keys, documents and black colour Nokia Phone having Idea Mobile Phone No. 9718368021 and was fleeing away after alighting from the bus near Gate No. 1, IP Park, New Delhi?
Prosecution Evidence
3. To establish charges against accused, prosecution examined fourteen witnesses. Brief outline of the testimony of prosecution witnesses is as under:
3.1 Sh. Satish Kumar Sharma (PW-1), is victim. His testimony in detail is discussed below. He identified bags (Ex.P-1 & Ex.P-2), DTC Bus Pass issued in his name, attendance card, Nokia 7210 Mobile phone (IMEI No.356930103), one purse of grey colour, 18 long keys (Ex.P-3) and one DTC Daily Pass bearing No. 78909 dated 24th July, 2012 bearing his name (Ex.P-4) belonging to him.
3.2 Sh.Ranbir Singh (PW-4) is conductor of the Bus Bearing No. DL-1PC-7019, Route No. 469 on 24th July, 2012.State Vs. Nashir - SC No. 01 of 2013 4/16
ID No. 02406R0269552012 3.3 Doctor Ambrish, Junior Resident Department of Medicine (Emergency), AIIMS (PW-12), deposed that on 24.07.2012, patient Satish Kumar s/o Sh. R.P. Sharma aged 24 years was brought by Constable Ravi Kumar to the Hospital with the alleged history of unknown poisoning in conscious and drowsy state. He had medically examined him and prepared MLC No. C-73512/12 (Ex.PW12/A). PW-12 placed on record FSL Report dated 25.09.2012 (Ex.PW12/B) prepared by Sh. Amit Rawat, Senior Scientific Officer (Chemistry). 3.4 Head Constable Mohan (PW-2) is Duty Officer recorded FIR (Ex.PW1/A) at 04:40 pm u/s 328/379/411 IPC at Police Station Sunlight Colony and made endorsement (Ex.PW1/B) on the rukka.
3.5 Assistant Sub-Inspector Prabhu Dayal (PW-3) is Complainant, Incharge of the PCR Van was present in the Kite-13 PCR Van at Gate No. 1, I. P. Park, Ring Road, near ISBT, Sarai Kalen Khan alongwith Head Constable Rajesh, Driver and Constable Sukhvinder, gunman at 11:20 am. He is witness to the seizure memo (Ex.PW3/A) of bags and the articles therein seized by Head Constable Om Prakash (PW-10). His statement recorded by Assistant Sub-Inspector Shri Krishan (Ex.PW3/B). He is witness to the site plan (Ex.PW3/C) and arrest memo (Ex.PW3/D) of the accused prepared by IO/ASI Shri Krishan. PW-3 placed on record photocopy of the portion of the call book of PCR Van Kite w.e.f 01.07.2012 to 18.08.2012 (Ex.PW3/E).
3.6 Constable Hari Kumar (PW-5) took sealed exhibits from the Malkhana of the Police Station to the FSL on 31st August, 2012 vide acknowledgment Ex.PW5/A. 3.7 Constable Dharamvir (PW-6) alongwith Head Constable Om Prakash (PW-10) reached at the spot and found DTC Bus Bearing No. DL-1PC-7019, Route No. 469 found parked. He is witness to the seizure of the bags from the accused. He deposed that victim Satish Kumar Sharma was found unconscious at the spot. Head Constable Om Prakash (PW-10) prepared rukka (Ex.PW10/A) on the statement of Assistant Sub-Inspector Prabhu Dayal. PW-6 was sent by Head Constable Om Prakash (PW-10) to the Police Station for registration of the FIR. He is witness to the arrest memo (Ex.PW3/D) and personal search memo (Ex.PW6/A), disclosure statement of accused (Ex.PW6/B). He deposed that pursuant to the disclosure, accused got recovered one packet of biscuit (parle cream orange) and four strips of tablet of Ativan, mg2 and lorazepam having 10 tablet in State Vs. Nashir - SC No. 01 of 2013 5/16 ID No. 02406R0269552012 each strip. PW-6 is witness to the seizure memo (Ex.PW6/C). 3.8 Sh. Samar Viashal, Metropolitan Magistrate (PW-7) conducted Test Identification Proceedings (TIP) (Ex.PW7/B). Accused refused to participate in the TIP. His statement to this effect is Ex.PW7/A. 3.9 Constable Satbir (PW-8), produced DD Register, wherein DD No. 14 at Police Post Sarai Kalen Khan on 24.07.2012 (Ex.PW8/A) was recorded. 3.10 Head Constable Shensar Pal (PW-9), he alongwith Ct. Ravi (PW-13) were on patrolling Duty in the area of ISBT Sarai Kalen Khan, who had reached at the spot near Gate No. 1, IP Park, New Delhi. He is witness to the incident of accused running away from the bus and being chased by the public.
3.11 Constable Ravi Kumar (PW-13), was sent to the AIIMS hospital by ASI Shri Kishan in the PCR van alongwith the unconscious victim Satish Kumar Sharma. He is witness to the seizure memo (Ex.PW13/A) of sealed shishi sealed with the seal of CMO AIIMS hospital handed over by the hospital of staff of the hospital. 3.12 ASI Shri Kishan (PW-14) investigating officer, who investigated the case and prepared several documents. He is witness of one bag was having iron keys, one DTC Bus Pass (Ex.PW4/A) belonging to Satish Kumar Sharma, site map (Ex.PW3/C). He recorded discloser statement of accused Nashir (Ex.Pw6/B) and arrested accused vide memo Ex.PW3/D. PW14 also conducted personal search of accused vide memo Ex.PW6/A. He seized items i.e. 'biscuit packet on which parle cream orange' was printed and four strips of medicine on which 'ATIVAN 2mg' was printed were go recovered from rented house of accused vide seizure memo Ex.PW6/C and also prepared pointing out memo (Ex.PW14/A) of the rented room of accused. Pw-14 also seized gastric fluid alongwith sample seal of AIIMS Hospital given by Ct. Ravi vide meme (Ex.PW13/A). He is witness to the TIP Proceedings (Ex.PW7/B) and application for conducting TIP (Ex.PW7/C). State Vs. Nashir - SC No. 01 of 2013 6/16
ID No. 02406R0269552012 Statement of accused
4. On conclusion of prosecution evidence, statement of accused u/s 313 Cr.P.C. was recorded. Accused pleaded innocence and false implication. Accused stated that Satish Kumar Sharma was having only one bag and articles were in one bag only. He had taken away only one bag and other bag belonged to him. He had not seen what articles were there in the bag of Satish Kumar Sharma. Accused stated that he was about to get off the bus, after Satish Kumar Sharma was becoming unconscious, then passengers of the bus become suspicious. They apprehended him. A PCR van was parked near gate no. 1, I.P Park Sarai Kale Khan. He was beaten by the police official. Head Constable Shanshar Pal with his leg, due to which his mouth struck against the bus and he sustained injury on his lips. Accused that he did not know about the contents of the biscuits. He used to install a rehri of chicken at Khanpur, peepal chowk and one person namely, Salauddin, used to come at his rehri, who told him about biscuit which will induce drowsiness and 'unconsciousness'. Accused Nashir stated that MCD officials removed his rehri due to which he become unemployed. One day Salauddin met him and gave him one packet of biscuit on which Parle Orange Cream was written and told him that if anybody would eat the biscuit, he would become unconscious and told him that the biscuit kept at the top most was the normal biscuit, but the next biscuit was having some drug in it, which could be given to other person, whose articles was to be stolen. Accused admitted that he made a disclosure statement (Ex.PW6/B) to ASI Shri Krishan, but admitted only portion A to B, C to D and E to F thereof. He denied that he had committed such incident even on an earlier occasion. He stated that he was taking away only one bag belonging to Satish Kumar Sharma. He denied that recovery of any stupefying drugs or biscuit packet was effected from his house at Madanpur Khadar. He stated that biscuit packet was left in State Vs. Nashir - SC No. 01 of 2013 7/16 ID No. 02406R0269552012 the bus. Accused Nashir prayed that lenient view may be taken as he had not committed any such mistake earlier and assured that he would not commit any wrong act in future.
5. I have heard submissions advanced by Sh. Wasi-Ur-Rahman. Learned Addl. PP for the State as well as Sh. Ramesh Rawat, Learned Counsel appearing for the accused and have perused the record carefully.
Submissions advanced
6. Learned Addl. PP for the State submitted that complainant Satish Kumar Sharma (Victim) has proved the case of prosecution. It is submitted that FSL Report (Ex.PW12/B) has established that accused mixed intoxicating substance in the biscuit, which was given to accused. It is submitted that accused has admitted his acts in his statement u/s 313 Cr.PC. He has admitted that he had given stupefying drugs mixed in biscuit to the complainant Satish Kumar Sharma. He admitted that he had made a disclosure statement to ASI Shri Krishan. Ld. Addl. PP argued that testimony of complainant has been corroborated by evidence of all police witnesses. Discussion of evidence
7. In his deposition, Satish Kumar Sharma, Complainant (PW-1) stated that on 24th July, 2012, he was going to Vaishali at his house. He took a bus Route No. 469 from Khanpur Depot. He boarded in the said bus and sat on the last rear seat. PW-1 deposed that when the bus crossed area of Sangam Vihar. Then, one person was sitting alongwith him on the same seat. PW-1 identified accused Nashir, present in the Court as the person, who was sitting alongwith him. PW-1 stated that accused asked him to "where he was going" and after some talk with him, he took out a packet of biscuit. One biscuit was eaten by accused and the other biscuit was offered to him. Initially, he refused to take the biscuit, but accused insisted him to take biscuit. Then, State Vs. Nashir - SC No. 01 of 2013 8/16 ID No. 02406R0269552012 he took one biscuit and ate it. Thereafter, he became unconscious. PW-1 deposed that he alighted at Sarai Kalen Khan Bus Stand. At that time, he was partly conscious. On the next day, when he gained consciousness, then he found himself admitted in the AIIMS Hospital. PW-1 Satish Kumar Sharma deposed that he was having two bags at the time of travelling and both were taken away by the accused and were found missing. He deposed that one bag was having keys, DTC Bus Pass and other bag contained some documents, visiting cards, purse, attendance card and Nokia Mobile phone having the Idea SIM Card. He deposed that biscuit, which was offered by accused was having stupefying substance.
8. PW-1, in cross examination deposed that he had boarded bus from Khanpur Depot and took bus at around 10:00 am from Khanppur and within one hour, he reached at Sarai Kale Khan. PW-1 deposed that accused boarded the bus between Khanpur and Devali Mor and complainant was sitting in the bus at that time. Accused sat besides him as the seat was vacant. He clearly stated that accused was sitting on his left side and he took out a closed packet and opened it, in his presence. PW-1 deposed that biscuit was of cream. He stated that he was having two bags with him. PW-1 denied that he wanted to commit robbery with accused and he was falsely implicated. He denied the suggest that he lodged a false complaint to the police, to save himself. PW-1 stated that he remained conscious till Sangam Vihar. On asking, he stated that he was already unconscious, therefore, there was no question of raising alarm when his bags were stolen. Scrutiny of record show that testimony of PW-1 has remained un-shattered and un-impeached in material particulars.
9. Ranbir Singh (PW-4), Conductor of bus has deposed that at about 11:20 am, when the bus reached at Sarai Kalen Khan bus stop, where the passengers were State Vs. Nashir - SC No. 01 of 2013 9/16 ID No. 02406R0269552012 alighting. Suddenly, there was stamped in the bus and passengers were chasing someone, who was running from the bus. Said passenger was caught hold of by other passenger and was taken inside the bus. One police gypsy was standing ahead of the bus stop and took the bus, where they handover the said person (accused) to the police. PW-4 deposed that it was revealed that person, who was caught hold of by the passengers was running after stealing some luggage of one passenger after administering stupefying substance. Passenger, whose luggage was stolen was handed over to the police and other passengers had beaten the said person. Since he could not identify the accused, therefore, Learned Addl. PP for the State put questions to him u/s 154 of Indian Evidence Act.
10. ASI Prabhu Dayal (PW-3) is complainant, who was on duty as Incharge on Kite-13 PCR Van alongwith Head Constable Rajesh Driver, Constable Sukhvinder Gunman on 24th July, 2012. He deposed that at about 11:20 am, when they were present at Gate No. 1, I. P. Park Ring Road near ISBT, Sarai Kale Khan, one DTC A/C Red Bus No. DL-1PC-7019 came from the side of Ashram and going towards Rajghat side. PW-3 deposed that the bus stopped at gate No. 1 of the IP Park and I heard the great noise inside the bus. In the meantime, the rear gate of the bus opened and one person alighted from the bus and started running alongwith the black coloured two bags and the passenger s were started chasing him and shouting 'chor - chor'. He had seen the said scene and then he alongwith his staff started chasing that person. When they were chasing that person, Head Constable Shensar Pal and Constable Ravi of Police Post Sarai Kalen Khan coming from front side, then he with the help of them apprehended that person alongwith bags, whose name was revealed after inquiry as Nisar. PW-3 handed over the accused alongwith both stolen bags to the HC State Vs. Nashir - SC No. 01 of 2013 10/16 ID No. 02406R0269552012 Om Prakash. ASI Prabhu Dayal was cross examined by Learned Defence Counsel. In cross examination, he stated that IO had not joined any public witness at the time of preparing personal search memo of the accused. He deposed that IO had not obtained the photographs of the bus in his presence. PW-3 had taken the injured as well as accused Nashir to the hospital.
11. In their deposition, Head Constable Shensar Pal (PW-9) and Constable Ravi (PW-13) have corroborated case of prosecution. They were on patrolling Duty in the area of ISBT Sarai Kalen Khan and had reached at the spot near Gate No. 1, I.P Park, New Delhi, where they saw bus Route No. 469 came there from which one person, who was holding two black colour bags alighted and started running towards Indraprastha Park. Public persons were chasing him and shouting 'chor - chor'. PCR Van reached there. PW-9 deposed that ASI Prabhu Dayal, Incharge of PCR Van caught hold of that person with their help and in the meantime Head Constable Om Prakash (PW-10) and Constable Dharamvir (PW-6) reached there from the Police Post Sarai Kale Khan. These witnesses deposed that the name of said person was revealed as Nasir and he alongwith two bags recovered from him handed over to Head Constable Om Prakash. Constable Ravi Kumar (PW-13), was sent to the AIIMS hospital by ASI Shri Kishan in the PCR van alongwith the unconscious victim Satish Kumar Sharma.
Conclusion
12. Scrutiny of evidence on record shows that on 24th July, 2012, victim Satish Kumar Sharma (PW-1) was sitting beside accused in Bus Bearing No. DL-1PC-7019 Route No. 469. He had given a biscuit to victim, who after consuming it became drowsy. Accused Nashir, had given the victim stupefying drug mixed in the State Vs. Nashir - SC No. 01 of 2013 11/16 ID No. 02406R0269552012 biscuit and thereafter, he committed theft of two bags belonging to victim. As per FSL Report dated 25.09.2012 (Ex.PW12/B), on chemical and TLC Examination, exhibits were found to contain benzodiazepine drug (Lorazepam), which is found in the sleeping pills and used for seizure disorder by the physicians, which induces drowsiness. Statement of PW-1 Satish Kumar Sharma is corroborated by the statements of Assistant Sub-Inspector Prabhu Dayal (PW-3), Ranbir Singh, Conductor (PW-4) and other police officials PW-9 and PW-13.
13. There is not an iota of doubt that by administering stupefying drug mixed in the biscuit to the victim by accused, accused intended to cause hurt to him. 'Hurt' is defined in Section 319 IPC as, whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. Therefore, since the victim PW-1 Satish Kumar Sharma after eating biscuit became unconscious and induced drowsiness, accused caused hurt to him within the meaning to Section 319 IPC and thereby committed an offence punishable under Section 328 IPC, apart from commission of robbery punishable u/s 392 IPC.
14. Testimony of complaint Satish Kumar Sharma (PW-1) coupled with evidence of police witnesses namely, Assistant Prabhu Dayal (PW-3), Head Constable Shensarpal (PW-9), Head Constable Om Prakash (PW-10) and Constable Ravi (PW-13) is worthy of credence and inspires confidence. Prosecution witnesses have stood the test of cross examination and their testimony has remained un-impeached in the cross examination in material particulars. There is no reason to disbelieve the testimony of these witnesses who have corroborated each other. To sum up, this Court finds that evidence on record establishes beyond doubt that on 24th July, 2012, accused served biscuit mixed with Benzodiazepine (lorazepam) drug, a State Vs. Nashir - SC No. 01 of 2013 12/16 ID No. 02406R0269552012 poisonous/stupefying substance and thereby caused hurt to complainant Satish Kumar Sharma, while travelling in the bus Route No.469 and after victim became unconscious, he committed theft of his two black colour bags containing some keys, DTC bus passes, purse, documents and Nokia Mobile Phone belonging to Satish Kumar Sharma and was apprehended at the spot while fleeing away from there and said bags containing aforesaid articles were recovered from the possession of accused. Complainant as well as other witnesses have correctly identified accused. In the result, this Court finds that prosecution has established ingredients of offence punishable u/s 328 and 392 IPC against the accused beyond doubt. Accordingly, accused is hereby convicted u/s 328 as well as 392 IPC.
announced in the
open court on
31st May, 2014 (Vinay Kumar Khanna)
ASJ-04 & Spl. Judge (NDPS) South East,
Saket Courts, New Delhi
State Vs. Nashir - SC No. 01 of 2013 13/16
ID No. 02406R0269552012
IN THE COURT OF ADDITIONAL SESSIONS JUDGE - 04
& SPECIAL JUDGE (NDPS) SOUTH EAST: SAKET COURTS: DELHI
Sessions Case No.30/2013
Unique ID No. 02406R0269552012
FIR No. 281/2012
U/s. 328/392/411 IPC
PS : Sun Light Colony
State
Vs.
Nashir, ..........Accused
S/o Sh. Shamshad,
R/o B-255, Madanpur Khadar,
Kachi Colony, New Delhi.
ORDER ON SENTENCE
Present: Sh. Wasi Ur Rahman Ld.Addl PP for the State.
Sh. Ramesh Rawan, Counsel for DLSA for convict.
Convict Nashir produced from J/C.
Having convicted the accused for the offence u/s 328 and 392 IPC, I have heard Learned Defence Counsel and Learned Addl. PP for the State on the point of sentence.
Learned Addl. PP for the State submits that convict has committed a grave offence and therefore, he should be awarded a deterrent punishment.
Learned Counsel appearing for convict submits that convict is 26 years of age having old aged parents and three young brothers and one young sister. It is submitted that out of three younger brother only one brother Muhsir is working and there is no one to look after his parents and young brother and sister. It is submitted that accused is in custody since 24th July, 2012. It is further submitted that he is not a previous convict and no other is case is pending against him and has previously clean State Vs. Nashir - SC No. 01 of 2013 14/16 ID No. 02406R0269552012 antecedent. Convict submits that he used to sell Chicken on his rehri, which was removed by the MCD officials, due to which he had become unemployed. Convict is repenting his acts and undertakes not to commit any wrongful act in future and submits that he be given an opportunity to reform himself. He has prayed for a lenient view.
In determining the question of proper punishment in a criminal case, the Court has to weigh the degree of culpability of the accused, its effect on others and the desirability of showing any leniency in the matter of punishment in the case. An act of balancing is, what is needed in such case; a balance between the interest of the individual and the concern of the society; weighing the once against the other. Modern criminal jurisprudence recognizes that no one is a born criminal and that a good many crimes are the product of social economic milieu. This Court is of the considered view that an effort should be made to bring about correction and reformation of the individual offender instead of resorting to retributive justice.
Convict is already in custody for period of more than 22 months. On considering the totality of facts and circumstances and the fact that convict is not previous offender as well as keeping in mind his conduct during trial, I am of the considered view that convict should be given an opportunity to reform and rehabilitate himself in the society and to become responsible citizen of state. I deem it expedient in the interest of justice to sentence the convict for the period already undergone by him. In addition, a fine of Rs.10,000/-for each of the offence u/s 328 & 392 IPC is also imposed upon the convict. Convict Nashir shall deposit a total sum of Rs. 20,000/- as fine. In default of payment of fine, convict shall undergo further Two Months Simple Imprisonment. Out of the fine proceeds, a sum of Rs.15,000/- as compensation shall State Vs. Nashir - SC No. 01 of 2013 15/16 ID No. 02406R0269552012 be released to injured Satish Kumar Sharma and the remaining amount shall go to the State in defraying expenses of the prosecution. Ahlmad shall send copy of this order to the complainant for information. Case property may be destroyed, after the lapse of the period of Appeal. Accused shall furnish bonds in the sum of Rs.10,000/- with one surety in the like amount as required u/s 437-A Cr.PC. File be consigned to Record Room.
announced in the open court on 02nd June, 2014 (Vinay Kumar Khanna) ASJ-04 & Spl. Judge (NDPS) South East, Saket Courts/New Delhi State Vs. Nashir - SC No. 01 of 2013 16/16