Delhi District Court
Sc No. 48/14 State vs . Rahul Gurung Etc. Page No. 1/31 on 16 May, 2015
IN THE COURT OF SH. NARESH KUMAR MALHOTRA,
ADDITIONAL SESSIONS JUDGE05, WEST, TIS HAZARI
COURTS, DELHI.
IN THE MATTER OF
SESSIONS CASE NO.48/14 & Old No. 71/12
FIR No. 148/12
P.S. Moti Nagar
U/S 392/397/411/34 IPC
STATE
VERSUS
(1) RAHUL GURUNG
S/O SH.ACHAR SINGH GURUNG
R/O A232, J.J.COLONY,
HASTSAL ROAD, UTTAM NAGAR,
DELHI.
(2) MOHD. KAUSAR
S/O MD.URASAT
R/O H.NO.22A, VIKAS ENCLAVE,
VIKAS NAGAR, NEW DELHI.
DATE OF INSTITUTION : 11.12.2012
DATE OF RESERVING THE ORDER : 24.04.2015
DATE OF DECISION : 06.05.2015
JUDGEMENT
1. The brief facts of the case are that DD No. 20A dated 12.07.2012 was registered through PCR in respect of robbery in H.No. E197, Karam Pura at PS Moti Nagar. ASI Rajinder Kumar reached at the spot where he met Ms. Sujata Raj who stated that on 12.07.2012 SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 1/31 her husband had gone for work and her two sons namely Meet Raj aged nine years, Lakshya Raj aged seven years and her nephew Azad aged sixteen years had gone to school. While she was alone at home, at about 12:30 PM, one boy aged 2223 years, medium built, wheatish complexion pressed the door bell. When she enquired, he told that he was having a courier in the name of her husband Tilak Raj. She opened the door. That boy asked for water. She came along with water bottle and tumbler from the kitchen. By that time that boy entered the drawing room. She had asked as to why he had entered the drawing room and also asked him to go out. In the meantime, one more boy aged 2728 years, having dark complexion and stout built entered the room and told that they would sit there only. Before she could say anything, that boy had pressed her mouth and shown her knife and put the same on her neck and also threatened not to make noise/raise alarm. In the meantime, their other two associates also entered the house. One of those boy was carrying pistol, who was tall, stout built and having wheatish complexion and kept the pistol on her ear. The fourth boy aged about 2728 years having wheatish complexion and medium built closed her mouth with packing tape and tied her hands with string (NADA) from back side. Those boys had asked about cash and jewellery. She had pointed towards bedroom. All those four boys took her to bedroom. The boy who was having pistol caught hold of her and other three boys searched two almirahs lying in the bedroom. From the almirah, they took all the gold and silver jewellery and SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 2/31 cash in sum of Rs.15,000/ to Rs.20,000/ in a black bag, which was brought by the fourth boy with him. All the four boys were asking her about more cash and were searching the house. For half an hour it all happened and those boys in the meantime, took out the SIM card from her mobile and while leaving the house they tied her with the saree and confined her in the bathroom. With great difficulty, she untied her hands and cut the tape from her mouth with the help of scissors and made telephonic call to her husband from neighbourhood, who had informed the police before reaching home. Police and her husband also reached the spot.
2. On the statement of the complainant, case FIR no. 148/12 U/s 392/397/34 IPC PS Moti Nagar was registered against the accused persons. Crime team inspected the spot. Site plan was prepared. Enquiry was made from the neighbours. With the help of the complainant, the portraits were prepared. Chance prints were compared.
3. On 11.08.2012, accused Rahul Gurung was arrested in case FIR no. 265/12 U/s 379/411/34 IPC PS Tilak Nagar. From the recovered articles, qua one ring and a pair of ear tops, he had disclosed that he alongwith his associates Mohd. Kausar, Mohd.Alam and Balraj @ Bunty entered a house in Karam Pura, Moti Nagar, Delhi posing as a courier boy during day time and tied one female, robbed her off, on the point of knife and country made pistol, of her gold and silver jewellery and cash and ran away. Those recovered articles were his booty from the robbed SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 3/31 articles.
4. On receipt of information from PS Tilak Nagar, the IO collected the copies of documents and accused Rahul Gurung was formally arrested on 12.08.2012, who refused to participate in TIP. The complainant has identified the case property. On 24.08.2012, applicant/accused Mohd.Kausar wanted in this case was arrested in case FIR no. 209/12 U/s 25/54/59 A.Act PS Janak Puri, who had disclosed about this incident. Regarding recovered country made pistol, applicant/accused Mohd. Kausar had told that he had threatened with this country made pistol and committed robbery at Karam Pura in day time with the help of his associates and tied one female and robbed her of gold and silver jewelly and cash and ran away. From this booty, he had spent money and he handed over gold & silver jewellery to one Kaalu to sell, who used to meet him at Uttam Nagar. On receipt of the information production warrant were issued and on 31.08.2012, he was formally arrested in this case.
5. The Chargesheet against both the accused persons was filed for the offence punishable U/s 392/397/411/34 IPC. Charge for the offence punishable U/s 392/34, 411 IPC was framed against the accused Rahul Gurung and the charge for the offence punishable U/s 392/34, 397 IPC was framed against the applicant/accused Mohd.Kausar, to which they pleaded not guilty and claimed trial.
6. In order to prove its case the Prosecution has examined 22 witnesses i.e. PW1 Sh.Tilak Raj, PW2 Smt.Sujata Raj, PW3 Smt.Kavita, PW4 ASI Nempal Sharma, PW5 Insp.Kamlesh, SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 4/31 PW6 Ct.Rajiv, PW7 Ct.Sukhram Pal, PW8 Ct.Pradeep Kumar, PW9 HC Anil Kumar, PW10 HC Bimla, PW11 ASI Ram Avtar Singh, PW12 HC Ram Pratap, PW13 ASI Mahender Singh, PW14 Sh.Rajender Kumar, PW15 Ct. Santosh Kumar, PW16 HC Bijender Singh, PW17 Sh.Harvinder Singh, PW18 ASI Rohtash Kumar, PW19 ASI Jangir Singh, PW20 Ct.Rajan, PW21 SI Bhawani Shankar and PW22 ASI Rajender Kumar.
7. Thereafter, statements of both the accused persons U/s 313 Cr.P.C. recorded, wherein accused Rahul Gurung has stated that he was lifted by Spl.Staff of PS Tagore Garden from his house and falsely implicated in this case. Accused Mohd.Kausar has stated that he was arrested from Badarpur Boarder, New Delhi where he used to stay with his friend before 45 days of 24.08.2012 and on 24.08.2012, the police officials arrested him in case FIR no. 209/12 of PS Janak Puri. Thereafter, on 31.08.2012, he has been arrested in the present case. Further it is stated by accused Mohd.Kausar that he has been acquitted in case FIR no. 209/12 of PS Janak Puri U/s 25/27 A.Act by the Court.
8. Smt.Sonica Gurung has been examined as DW1 on behalf of the accused Rahul Gurung, wherein she has stated that her brother Rahul Gurung was lifted in front of her house by some police personnels, who were in plain clothes. She made a complaint at 100 number and after seven days, he was falsely implicated in this case.
9. PW1 Sh.Tilak Raj is the husband of the complainant who has deposed that he received a call from his wife Smt.Sujata that SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 5/31 dacoity has committed in his house. He made a call at 100 number. When he reached his house, he met with his wife who was weeping and police officials were also present.
10.PW2 Smt.Sujata Raj, the complainant has stated that on 12.07.2012, she was at home and his both sons were at School. On that day, at about 12:30 PM, one boy rang the bell of her house and asked about her husband as he came there to deliver the courier for him. The said boy asked her a glass of water and he entered in her drawing room. She has further stated that when she came out of her kitchen and saw the said boy who was in the drawing room and on her asking about his presence, in the meantime, one another boy also entered in her house and put a knife on her neck. At the same time, two other boys also entered in her house. Out of those two boys, one boy was carrying pistol in his hand which he put on her head. She has further stated that those four boys put packing tape on her mouth and tied her hands to her back side. They asked her about the valuables and cash in her house and she indicated them to the side of bedroom.
She has further stated that three boys entered in her bed room and started searching almirahs and other household articles and one of the boy remained with her carrying a pistol in his hand. Her mobile phone was taken by them and they removed the SIM of her mobile phone and broke the same in the kitchen. All the four boys took away gold and silver jewellery articles and cash approx. Rs.15,000/ to Rs.20,000/ in black colour bag. She has further stated that she was tied with a Saree and they pushed SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 6/31 her in the bathroom and thereafter, all the four boys ran away from her house after taking the valuables.
This witness has further stated that she managed to untie herself and cut the packing tape with scissor. Thereafter, she went to her neighbourhood and met with Smt.Kavita and narrated her the incident. She has further stated that she made a call to her husband from the mobile phone of Smt.Kavita and informed him about the incident and her husband made a call to the police at 100 number. She has further stated that all the four boys were in the age group of 22 to 30 years and out of those four boys, two boys were of dark complexion. She proved her statement Ex. PW2/A and identified her signatures at point A. This witness has further stated that the police has taken into possession one steel glass, brown colour tape, one white colour envelop, one Saree, two stings, one photo album and one small scissor. She has further stated that all these articles were taken into possession vide seizure memo Ex.PW2/B. This witness has also proved the site plan Ex.PW2/C which was prepared by the IO. She has further stated that the crime team reached at the spot and also inspected the site. She has given the details of the robbed articles to the police.
She has further stated that on 22.08.2012, she was called by the IO to reach at Tis Hazari Court and there she identified her gold ring and one pair of gold ear tops, out of the other jewellery articles lying on the table of Ld.M.M. and lateron which were released to her on Superdari vide Superdarinama Ex.
SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 7/31PW2/C. She has further stated that out of those four boys, two boys are present before the court and they had robbed her jewellery articles and cash of Rs.15,000/ to Rs.20,000/. The witness has pointed out towards the accused Rahul Gurung who came as a Courier boy on 12.07.2012 and also pointed out towards the accused Mohd.Kausar as the person who was carrying pistol in his hand.
This witness has identified the pair of gold tops as Ex. P.1, a ring as Ex. P.2, steel glass, plastic tap of brown colour, one white colour envelope contains a page, one black, red & cream colour printed Saree, two white strings/Nada,one photo album and small scissor as Ex.P.3/1 to Ex.P.3/7.
11.PW3 Smt.Kavita who has stated that on 12.07.2012, she was present at her house and at about 01:00 PM - 01:15 PM, her neighbourer Sujata Raj came to her house in perplexed or fearful condition and told that robbery has been committed at her house and asked her to handover her mobile phone for making a call. This witness has further stated that she gave her mobile bearing no. 8447646404 and Smt.Sujata Raj made a call to her husband and after some time, her husband came and police also reached there.
12.PW4 ASI Nempal Sharma has stated that on 12.07.2012, at about 01:10 PM, he received DD no. 20A, Ex. PW4/A regarding taking away of valuables by some persons from E197, Karam Pura, Near Mandir and he alongwith Ct. Rajiv reached at the spot where PCR van was present. He met Smt.Sujata Raj and SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 8/31 inspected the house which was ransacked. This witness has further stated that SHO and other staff reached at the spot. ASI Rajender Singh also came there and on the directions of the SHO, ASI Rajender Singh conducted the investigation.
13.PW5 Insp.Kamlesh has stated that on 12.07.2012 at about 02:30 PM, he received one rukka brought by Ct. Rajiv sent by ASI Rajinder Kumar and on the basis of which he got FIR no. 148/12 U/s 392/397/34 IPC recorded through computer operator. This witness has proved the copy of FIR as Ex. PW5/A and his endorsement on the rukka as Ex. PW5/B regarding the registration of FIR. He has further stated that thereafter, he handedover the copy of FIR and original rukka to Ct.Rajiv for handing over the same to ASI Rajinder for investigation purposes.
14.PW6 Ct.Rajiv has stated that on 12.07.2012, he alongwith ASI Rajinder went to the H.No. E197, Karampura, Moti Nagar, Delhi, where SHO alongwith police staff was already present. ASI Rajinder handedover one rukka to him for getting FIR registered and he went to the police station and got the FIR registered. He has further stated that thereafter he returned to the spot with the copy of FIR and rukka and handedover the same to ASI Rajinder. Crime team inspected the site and ASI Rajinder lifted seven exhibits i.e.one steel glass, one brown colour plastic tape, one white envelop containing linedar pages, two white strings/nadas, one photo album, one scissor and one saree of black, red & cream colour, sealed them and seized vide memo Ex.PW2/B. This witness has also identified all the abovesaid articles before the SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 9/31 court as Ex. P3/1 to Ex.P3/7.
15.PW7 Ct.Sukhram Pal has stated that on 12.07.2012, after receiving intimation from West Control room, he went to the spot and had taken six photographs at the spot, which are proved as Ex.PW7/1 to Ex. PW7/6 and negatives are Ex.PW7/7 to Ex. PW7/12.
16.PW8 Ct.Pradeep Kumar has stated that on 12.07.2012, at 12:59:24 hours, one information was received from Mobile no. 9899937277 that "caller keh raha hai ki mere ghar par kuchh log aaye or paise or jewar lekar bhaag gaye" and she recorded this information and sent the same to channel no. 119 to net. This witness has proved the copy of PCR form as Ex. PW8/A.
17.PW9 HC Anil Kumar has stated that on 12.07.2012, on receiving the call through control room through I/C, Crime Team, he accompanied SI Rampal and Ct. Sukrampal to the spot, where IO/HC Nem Pal and complainant met them. Crime team inspected the spot and he lifted four chance prints. I/C Crime team furnished his report to the IO. Thereafter, chance prints were sent to Finger Prints Bureau, Kamla Market, Delhi for comparison.
18.PW10 HC Bimla has stated that on 25.08.2012, at about 1:25 PM, she received information from ASI Jagir Singh, PS Janakpuri through telephone regarding arrest of accused Mohd. Kausar S/o Mohd. Ushrat, who is wanted in FIR No. 148/12, U/S. 392/397/34 IPC, PS Moti Nagar, Delhi and the accused will be produced at 3:00 PM on 25.08.2012 in court No. 145, Tis Hazari SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 10/31 Courts. She has further stated that she recorded this information vide DD No. 27A, attested copy of same is proved as Ex.PW10/A and she informed MHC(R) to further inform the concerned police official to attend the court and for appropriate action.
19.PW11 ASI Ram Avtar has stated that on 12.08.2012, at about 2:00 AM, he received information from HC Ram Pratap PS Tilak Nagar through telephone regarding arrest of accused Rahul Gurang, S/o Akshar Singh Gurang in FIR No. 265/12, U/S. 379/411/34 IPC, PS Tilak Nagar and his disclosure statement regarding FIR No. 148/12, U/S. 392/397/34 IPC, PS Moti Nagar and FIR No. 166/12, U/S. 380 IPC, PS Moti Nagar. This witness has further stated that HC Ram Pratap also informed that the case property pertaining to FIR No. 148/12 has been recovered from accused Rahul Gurang and the accused will be produced at 2:00 PM on 12.08.2012 in court No. 136, Tis Hazari Courts. He recorded this information vide DD No. 11B, attested copy of same is proved as Ex.PW11/A. Thereafter, he informed MHC(R) to further inform the concerned police official to attend the court and for appropriate action.
20.PW12 HC Ram Pratap has stated that on 11.08.2012, duty officer informed him about the receiving of DD No. 60A regarding apprehension of two persons under case of theft of motorcycle and the said information was passed by ASI Mahender Singh, Special Staff (West). He along with SI Devender Sharma went to Aiappa Park, Uttam Nagar, where ASI Mahender Singh along with other police staff met them and they were SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 11/31 apprehending two persons, whose names were revealed as Rahul Gurang and Mohd. Adil. This witness has further stated that ASI Mahender also produced motorcycle No. DL4SBD7222. Mohd. Adil was handed over to SI Devender Singh, Juvenile Officer and he received custody of Rahul Gurang. He interrogated accused Rahul Gurang and arrested him in case FIR No. 265/12, U/S 379 IPC, PS Tilak Nagar and the photocopies of arrest memo and personal search memo are marked as Mark PW11/A and PW11/B. On the cursory search of accused, one lady's ring, one pair tops and Rs. 170/ recovered. The accused disclosed that Rs. 170/ belongs to him. He could not give any satisfactory reply regarding possession of the above jewellery and disclosed that he had looted the said jewellery from a lady from Karampura area, Moti Nagar with the help of his associates.
This witness has further stated that he verified from PS Moti Nagar and came to know that FIR No. 148/12, PS Moti Nagar has been registered. He seized the above jewellery under Section 102 Cr.P.C. Photocopy of seizure memo is Mark PW11/C. Thereafter, they came to PS Tilak Nagar and informed the duty officer PS Moti Nagar about the arrest, disclosure and recovery of jewellery items from Rahul Gurang. The IO of the present case FIR No. 148/12 recorded his statement and collected the relevant documents.
This witness has identified the pair of tops and gold ring as Ex. P.1 and Ex. P.2. This witness has also correctly identified the accused Rahul Gurung.
SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 12/3121.PW13 ASI Mahender Singh has stated that on 11.08.2012, he received a secret information at around 6/6.15 PM regarding two boys coming to J.J.Colony, Hastal on a stolen motorcycle to sell some articles. He apprised Insp. Satbir Singh about the information and on his direction, a raiding party was constructed, consisting of himself, SI Charan Singh, SI Manoj, H/Ct. Sunil Kumar, H/Ct. Ravinder, Ct. Amit and Ct. Rajbir Singh. They reached near police line, third Btln. Vikas Puri at around 6.45 PM. This witness has further stated that there he asked 56 passersby to join raiding party but nobody agreed and left the spot without disclosing their names and addresses. Thereafter, the barricades were put on the road coming from the side of Vikas Nagar. At around 7.45 PM, two boys were seeing coming on motorcycle bearing no. DL4SBD7222. They were stopped and enquiries were made from those two boys. But they did not answer satisfactory. Thereafter, they made enquiries from police control room regarding motorcycle bearing no. DL4SBD7222 and it is informed that this motorcycle was stolen from the area of PS Tilak Nagar vide FIR no. 265/12.
This witness has further stated that the accused revealed their names as Rahul Gurang and Mohd. Adil @ Kala. Thereafter, he informed PS Tilak Nagar regarding recovery of abovesaid motorcycle vide DD no.60. He has further stated that HC Ram Pratap and SI Devender came to the spot and he handedover custody of the accused Rahul Gurang to HC Ram Pratap and the custody of Juvenile Mohd. Adil @ Kala to SI Devender.
SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 13/31Thereafter, HC Ram Pratap made enquiries from the accused and recorded his disclosure statement vide memo as Ex.PW13/1. On the basis of disclosure statement, one lady gold ring and one pair of ear rings were recovered from the possession of accused and same were seized vide memo Ex.P.2. The accused Rahul Gurang was arrested and his personal search was prepared.
This witness has further stated that the ladies ring and the pair of ear rings were recovered from possession of accused Rahul Gurang, which were seized vide seizure memo Ex.13/A. This witness has proved the disclosure statement of accused Rahul Gurang as Ex.PW13/B, Arrest memo and personal search memo of accused as Ex.PW13/C & Ex. PW13/D, Site plan as Ex. PW13/E, the copy of FIR No. 265/12, PS Tilak Nagar as Ex.PW13/F and the seizure memo of motorcycle No. DL4SBD 7222 as Ex. PW13/G. This witness has also identified the one ladies ring and one pair of tops as Ex. P.1 and Ex. P.2. This witness has also identified the accused Rahul Gurung before the court.
22.PW14 Sh.Rajender Kumar, Ld.M.M who was conducted the TIP proceedings of accused Mohd. Kausar and has proved the TIP proceedings of accused Mohd.Kausar as Ex. PW14/C, wherein he has refused to participate in the TIP proceedings as his photograph has already been shown to the witness. This witness has also proved the application of the IO for conducting TIP proceedings as Ex. PW14/A, Ex. PW14/B regarding identification by the IO, his Certificate and furnishing copy of TIP to the IO as Ex.PW14/D and application moved by the IO for SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 14/31 providing copy of TIP proceedings as Ex.PW14/E.
23.PW15 Ct.Santosh Kumar has stated that on 31.08.2012, he joined the investigation of the present case with ASI Rajinder and came to Tis Hazari Courts, where the accused Mohd.Kausar was present in the court of Ld.M.M. He has further stated that IO moved an application and after taking permission from the court, accused Mohd.Kausar was arrested vide Arrest memo Ex. PW15/A.
24.PW16 HC Bijender Singh has stated that on 24.08.2012, accused Mohd. Kausar was apprehended with one loaded country made pistol at B3 Block, Janakpuri, Delhi and in this regard SI Bhawani Shankar initiated the proceedings and got registered the FIR No. 209/12 in PS Janakpuri and further investigation of this case was assigned to ASI Jangir Singh.
This witness has further stated that ASI Jangir Singh arrested the accused and conducted his personal search. ASI Jangir Singh interrogated the accused who disclosed about the several offences committed by him along with his associates namely Mohd. Alam, Rahul Gurang & Balram @ Bunty. He disclosed that one and half month ago he along with his aforesaid associates entered into one house in the area of Karampura, Moti Nagar on the pretext of courier boy in the day time. He further disclosed that on the point of the pistol, he along with his associates committed the robbery from the said house and at that time, accused Balram @ Bunty was having knife. They committed the robbery in the said house after putting the tape on the mouth SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 15/31 of woman present in the said house. He further disclosed that they committed the robbery of the gold and silver ornaments and a sum of Rs. 1520 thousands. This witness has further stated that IO/ASI Jangir Singh recorded the disclosure statement of accused Mohd. Kausar, which is proved as Ex.PW16/A.
25.PW17 Sh.Harvinder Singh, Ld.M.M. who has conducted the TIP proceedings of accused Rahul Gurung, which are proved as Ex. PW17/B. This witness has also proved the application of IO for conducting TIP proceedings of the accused as Ex.PW17/A, application of the IO for providing copy of TIP proceedings as Ex. PW17/C. This witness has further stated that on 17.08.2012, he also received an application of the IO regarding TIP of case property and on 22.08.2012, he had conducted the TIP of case property in his Chamber and the complainant had rightly identified her golden ring and one pair golden colour ear tops. This witness has proved his detailed order as Ex. PW17/E, his Certificate regarding correctness of the TIP by him as Ex. PW17/F and application of the IO as Ex. PW17/G.
26.PW18 ASI Rohtash Kumar has stated that on 12.07.2012 and at about 01.00 PM/01.16 PM, an information was received from control room that a call was received from caller mobile no. 9899937277 that in his house i.e. H.No. E197, Karampura, some persons have entered and robbed jewellery and cash. This information was verified and they reached at the spot, where HC Nem Pal of the local police was also present and the information SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 16/31 of robbery was found to be correct. They further transmitted the information to the PCR control room and the investigation was taken up by the local police. This witness has proved the photocopy of Call book register as Ex.PW18/A.
27.PW19 ASI Jangir Singh has stated that on 24.08.2012, further investigation of case FIR no. 209/12 PS Janak Puri U/s 25/54/59 A.Act was handedover to him for investigation and he alongwith HC Bijender reached at the spot at Entry Gate B3 Block, Janak Puri, Delhi, where the first IO/SI Bawani Shanker alongwith other staff met him there. He handedover the accused Mohd. Kausar alongwith sealed pullanda containing country made Katta alongwith live cartridges, sealed with the seal of BS. The accused Mohd.Kosar was interrogated and thereafter, he was arrested in case FIR 209/12. During interrogation, the accused has disclosed about his involvement in the case of robbery prior to 1½ month alongwith his coaccused namely Mohd. Alam, Rahul Gurang & Balram @ Bunty. He disclosed that he along with his aforesaid associates entered into the house in the area of E Block of Karampura, Moti Nagar on the pretext of courier boy in the day time. He further disclosed that on the point of the pistol, he along with his associates committed the robbery from the said house and the Katta recovered from his possession was also used in the said robbery and at that time, Balram @ Bunty was having knife. They committed the robbery in the said house after putting the tape on the mouth of woman present in the said house. He further disclosed they committed the robbery of the gold and SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 17/31 silver ornaments and a sum of Rs. 1520,000/. This witness has further stated that he recorded the disclosure statement of accused Mohd. Kausar as Ex. PW16/A and lateron, he informed the IO of case FIR no. 148/12 of PS Moti Nagar regarding the disclosure statement and involvement of the accused in the said case vide DD no. 27A dt. 25.08.2012. He also handedover the relevant papers to the IO of the said case who also recorded his statement. He had also deposited the case property in the malkhana and lateron the exhibits were sent to FSL.
28.PW20 Ct.Rajan has deposed that on 12.08.2012, he joined the investigation of this case alongwith ASI Rajender Kumar and reached at Tis Hazari Court at about 03:30 PM, where accused Rahul Gurung was produced before the court. He has further stated that after getting permission of the concerned court and after interrogation, IO arrested accused Rahul Gurung vide Memo Ex.PW20/A and his disclosure statement is proved as Ex. PW20/B.
29.PW21 SI Bhawani Shankar has deposed that on 24.08.2012, at about 8:15 PM, one secret informer came in PS and informed him that one person namely Kausar, who used to indulge in snatching in weekly market and he is present at B3 Park, Janak Puri and waiting for his associates and he can be apprehended on raiding. Thereafter, he along with HC Omvir, HC Bijender, Ct. Rajesh prepared raiding party and after making departure entry No. 34A, left PS for B3 Park, Janak Puri. On reaching there, the secret informer pointed out to a person, who was urinating and SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 18/31 identified him as Kausar. He has further stated that before, apprehending him, he made request to some public persons to join the raiding party but nobody came forward to join. Without wasting time, The police party apprehended Kausar and on the cursory search of accused, one loaded country made pistol was recovered from his right dub. He unloaded the country made pistol and one live cartridge was found loaded and he prepared sketch of country made pistol and cartridge. The barrel of country made pistol came to be 23.2 cm and Butt was 15.7 cm, total angular length of country made pistol was 14 cm. The length of live cartridge was 7.5 cm of 8 mm KF. He has further stated that he prepared pullanda of country made pistol and cartridge and sealed with the seal BS and seal was given to HC Bijender. Thereafter, he prepared Tehrir and gave the same to HC Bijender at 9:30 PM for getting the FIR registered from PS Janak Puri. At 10:45 PM, ASI Jangir alongwith HC Suredner came at the spot and he handed over the accused, sealed pullanda, FSL form and seizure memo and sketches to ASI Jangir/IO of the case. He has further stated that he had shown the spot to the IO. The photocopy of seizure memo of the country made pistol and cartridge is Mark PW21/A.
30.PW22 ASI Rajender Kumar has deposed that on 12.07.2012, DD no. 20A regarding robbery at E197, Karam Pura, Delhi was assigned to HC Nem Pal, who alongwith Ct. Rajeev went to attend the call. Thereafter, as per the directions of the SHO, he visited the spot, where SHO PS Moti Nagar and other police staff, HC SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 19/31 Nem Pal and Ct. Rajeev were present. The articles in the house were lying scattered. As per the directions of the SHO, he made enquiries from Smt.Sujata Raj and recorded her statement, which is proved as Ex.PW2/A and he prepared rukka, Ex.PW22/A and at about 02:15 PM, he gave it to Ct. Rajeev for getting the FIR registered from PS Moti Nagar.
This witness has further stated that he had called Crime team at the spot and they came at the spot and inspected the spot. The crime team photographer photographed the spot. The I/C Crime team/SI Ram Pal furnished his report Ex.PW22/B before him. The crime team left the spot after inspection. He has further stated that he lifted seven articles i.e. plastic tape, envelop, one Saree, two Naras, one Album, two small scissors and one steel glass and converted the same into pullanda and sealed them with the seal of RK and seized vide memo which is proved as Ex.PW2/B. This witness has further stated that prior to reaching the crime team at the spot, Ct. Rajeev came back to the spot after getting the FIR registered and handedover the copy of FIR and rukka to him. On the pointing out of complainant, he prepared site plan Ex.PW2/C. He has further stated that he made enquiries from the neighbourhood of the complainant and recorded the statement of Smt.Kavita. He alongwith Ct.Rajeev made search for the accused persons but no clue was found.
He has further stated that on the next day, portrait of the accused persons were prepared as per the description given SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 20/31 by the complainant. The finger prints of the complainant as well as her family members were also procured for taking opinion of the finger prints expert. Four chance prints were also lifted by the crime team staff at the spot at their visit.
This witness has further stated that on 12.08.2012, one information was received from PS Tilak Nagar about the disclosure statement of the accused Rahul Gurang, vide DD no. 11B, Ex.PW11/A and he went to Tis Hazari Court where accused Rahul Gurang was produced before the court in muffled face and after seeking permission from the court, he formally arrested him vide Arrest Memo Ex.PW20/F. This witness has proved his application as Ex.PW22/C. He has further stated that he had also recorded disclosure statement of the accused which is proved as Ex.PW20/B and thereafter, the accused was sent to JC.
This witness has further stated that on the next day i.e.13.08.2012, accused Rahul Gurang was produced in muffled face in the concerned court from J.C. but he was again sent to J.C. This witness has further stated that on 18.08.2012, accused Rahul Gurang was produced before the court from J.C. and application Ex.PW22/D for the two days PC Remand of the accused was made by him through SI Devender. He has further stated that the application for PC Remand was made after the accused refused to participate in TIP proceedings on 17.08.2012 with regard to application Ex.PW17/A and the refusal of accused Rahul Gurang is proved as Ex.PW17/B. SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 21/31 This witness has further stated that on 18.08.2012, during PC Remand, accused Rahul Gurang pointed out the place of incident and in this regard, pointing out memo Ex.PW22/E was prepared by him. Thereafter, he alongwith Ct.Mohit made search for coaccused persons but in vain. Thereafter, they came back to PS and accused Rahul Gurang was retained in lock up. On the next day, accused Rahul Gurang was produced in court and was sent to J.C. This witness has further stated that he kept searching coaccused of Rahul Gurang but in vain. Thereafter, information regarding arrest of accused Mohd. Kausar and his disclosure with regard to the present case was received in PS Moti Nagar from PS Tilak Nagar vide DD no. 27A dt. 25.08.2012, Ex.PW10/A. An application for production warrant of accused Mohd. Kausar was moved by SI Rajender Singh PS Moti Nagar since he was on leave and the application is Mark A. He has further stated that accused Mohd. Kausar was produced in court on 31.08.2012 and he moved application for his interrogation and arrest which is proved as Ex.PW22/F. On that day, the accused Mohd. Kausar was produced in muffled face and he arrested Mohd. Kausar vide Arrest Memo Ex.PW15/A and recorded his disclosure statement which is proved as Ex.PW22/G. An application, Ex. PW14/A for conducting TIP proceedings of accused Mohd. Kausar was moved but the accused refused to participate in the TIP proceedings and TIP proceedings are proved as Ex.PW14/C. The accused Mohd. Kausar was taken on PC Remand. The accused Mohd. Kausar SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 22/31 pointed out the place of incident and in this regard pointing out memo prepared which is proved as Ex.PW22/H. This witness has further stated that the articles which were recovered from the possession of accused Rahul Gurang were deposited in malkhana of PS Tilak Nagar and he got the same transferred to PS Moti Nagar through Road Certificate. He has further stated that he moved an application for the TIP of the case property which is proved as Ex.PW17/D and the TIP proceedings are proved as Ex.PW17/E. During investigation, he also obtained copies of the TIP proceedings.
This witness has proved the previous record of accused Rahul Gurang as Ex.PW22/I and that of accused Mohd. Kausar as Ex.PW22/J.
31. I have heard ld. Addl. PP for the State and sh.Amit Kaushal, ld.defence counsel for accused Rahul Gurung and Sh. A.K.Dubey, ld. Counsel for accused Mohd. Kausar and perused the record carefully.
32.It is vehemently contended by the ld. Counsel for the accused Rahul Gurung that he has been falsely implicated in this case. The description of those boys given by the complainant in her statement to the police do not match with the description of the accused persons. Recovery of ring and one pair of ear tops is planted upon the accused Rahul Gurung. There is no evidence on record to connect both the accused persons with the commission of offence. Accused Rahul Gurung was picked up from his house and has been falsely implicated in the present case.
SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 23/3133.Ld.Counsel for the accused Mohd.Kausar has contended that the prosecution is not able to prove its case against the accused Mohd.Kausar. The accused was arrested on 24.08.2012 in case FIR no. 209/12 of PS Janak Puri U/s 25/27 A.Act and he has been acquitted in the abovesaid FIR no. 209/12 by the Court. The accused was shown to the complainant and this has come on record that the accused was shown to the complainant and thus, the identification of the accused for the first time in the court has no relevancy. Thus, accused be acquitted.
34.Now I am dealing with the contentions of the accused persons one by one.
35.Ld.counsel for the accused persons has contended that accused persons have been falsely implicated in this case.
I have perused the statement given by the complainant to the police, wherein she has mentioned that one boy aged about 2223 years and of moderate body rang the bell and asked the name of her husband to the complainant. She opened the door and that boy demanded water. She went to take bottle and glass. That boy came in the Drawing room. In the meanwhile, one another boy entered into the room aged about 2728 years, who was having dark complexion and stout body and he pointed the knife on the neck of the complainant. In the meanwhile, their two associates also entered in the house, out of one was having pistol and he put the pistol on her temple and fourth boy was of the age group of 2728 years.
PW2 Smt.Sujata Raj, the complainant while deposing in SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 24/31 the court has clearly pointed out towards accused Rahul Gurung and stated that he is a boy who came as a Courier on 12.07.2012. She also pointed out towards accused Mohd.Kausar and stated that he was carrying pistol in his hand on the day of incident.
The counsels for both the accused persons are not able to shatter the testimony of the complainant in any manner. This witness in the crossexamination has clearly stated that first of all accused Rahul Gurung came as Courier boy and after that accused Mohd.Kausar came. No suggestion was given to the witness as to why she will falsely implicate both the accused persons and exonerate the real culprits.
The accused persons had refused to participate in the TIP proceedings. The complainant in the crossexamination has clearly stated that the courier boy who came to her house was aged about 22/23 years and if the complainant has not told to the IO that the courier boy was Nepali or Pahari, it has no help to the accused Rahul Gurung when the complainant has clearly identified both the accused persons in the court.
Thus, it cannot be said that the accused persons have been falsely implicated in the present case.
36.The next contention of the ld. Counsel for the accused persons is that the complainant in her statement to the police has not stated that her Sim was broken by the accused persons and thus,the complainant has improved her statement.
I have perused the statement of the complainant and in her statement, she has mentioned that those persons had SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 25/31 removed the Sim card from her mobile phone. It is a case of the prosecution that after the incident, PW2 Smt.Sujata Raj went to the house of PW3 Smt. Kavita and from the mobile phone of PW3, PW2 Smt.Sujata Raj made a call to her husband. PW3 Smt.Kavita deposed that on 12.07.2012, PW2 Smt.Sujata Raj came to her house in perplexed or fearful condition and she told that robbery has been committed at her house and asked her to handover her mobile phone for making a call and thereafter, she made a call to her husband. Immediately after the incident of robbery, PW2 Smt.Sujata Raj went to the house of her neighbour PW3 and called her husband from the phone of PW3, I am of the view that disclosing about the incident of robbery by the complainant to PW3 is admissible U/s. 6 of the Indian Evidence Act.
37.It has also come on record that PW2 Smt.Sujata Raj telephoned her husband and her husband has immediately made a call at 100 number and reached at his home and met with his wife and police officials were also present there. PCR form was proved as Ex.PW8/A and in this form, it is mentioned that "caller keh raha hai ki mere ghar par kuchh log aaye or paise or jewar lekar bhaag gaye" .
38.I have also perused PCR form Ex.PW8/A and in this report, it is mentioned that the complainant told that at about 12:30 AM, four persons entered in the house on the pretext of Courier and after entering in the house, they shown pistol and Chaakoo and put tape on the mouth of Sujata and locked her in the bathroom SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 26/31 and they had also taken all the articles and jewellery and Rs. 20,000/ cash and fled away.
39.Moreover, DD no. 20A was proved as Ex.PW4/A by PW4 ASI Nempal Sharma and it is mentioned in Ex.PW4/A that W50 through telephone gave intimation that at H.No. E197, Some persons entered and fled with money and jewellery. Thus, from the DD no. 20A, Ex. PW4/A, it is clear that incident of robbery had taken place at the point of knife and pistol at the house of the complainant. The complainant will not spare the real culprits and falsely implicated the accused persons, particularly, when the accused persons had not shown any reason for their false implication by the complainant. It is an admitted fact that the complainant has no enmity with the accused persons. PW2 stood the test of crossexamination and both the accused persons are not able to shatter the testimony of PW2 Smt.Sujata Raj in any manner. I am of the view that in view of the statement of PW2 Smt.Sujata Raj, it can be held that both the accused persons committed robbery at the point of knife and pistol alongwith their other associates at the house of the complainant.
40.This witness has also stated that she has not seen the face of the accused persons prior to the incident and she also do not know the accused persons prior to the incident. In the cross examination, she has categorically stated that four boys robbed her and when they were leaving with the valuables, they all gathered near her and she stated that one boy was standing with her by pointing a pistol on her head and other boys were SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 27/31 searching her house and almirah. PW2 was alone in her house and incident of robbery had happened at her house and the accused persons used the knife and pistol in the incident and PW2 Smt.Sujata Raj was in a fearful state and if she had not made call from her phone and rushed to neighbour, there is no abnormality in the behaviour of the complainant. She has categorically stated that the accused persons had taken out the Sim Card from her mobile phone and thus, she had not used her phone and rather used phone of PW3 Smt. Kavita. Thus it corroborate the version of PW2 Smt.Sujata Raj that all the accused persons had taken out the Sim card from her mobile phone.
41.It is also vehemently contended by the ld. Counsel for the accused persons that the accused persons were shown to the complainant and there was no purpose to conduct the TIP proceedings of accused persons.
It is also contended that complainant admitted that after the incident, she had seen Mohd.Kausar in the PS when she was called and she has also stated that she has seen the photograph of the accused Rahul Gurung at the PS Janak Puri.
The TIP of the accused Mohd.Kausar is Ex. PW14/C and as per the TIP proceedings, the accused Mohd.Kausar refused to participate the TIP as his photograph has already been taken by the Police at PS. Accused Rahul Gurung also stated that he do not want to participate in the TIP proceedings as he has already shown by the PS to many persons since his arrest.
SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 28/31I am of the view that both the accused persons had refused to participate in the TIP proceedings. It is not the case of the prosecution that the accused persons were identified by the complainant PW2 Smt.Sujata Raj during the TIP proceedings. The complainant PW2 during her deposition identified both the accused persons and categorically stated that the accused Rahul Gurung entered in her house on the pretext of Courier Boy and lateron accused Mohd. Kausar entered in the house and pointed out the pistol at her temple.
42.The next contention raised by the ld. Counsel for the accused persons that it has come in the investigation that police has prepared the portraits of the accused persons and that portraits have not been placed on record. Thus, it doubts the case of the prosecution.
I fail to appreciate this contention of the counsel for the accused persons as after the incident, the police has investigated the case and to trace the culprits. If the police had not placed on record the portraits of the accused persons prepared at the instance of PW2, then it is not helpful to the accused persons.
43.In the present case, accused Rahul Gurung was arrested and in his search, one gold ring and one pair of ear tops and Rs. 170/ were recovered from his possession. The complainant has rightly identified the accused persons and her gold ring and two ear tops.
No suggestion was given to PW2 Smt.Sujata Raj or any police officials that PW2 has wrongly identified the case property. Moreover, no suggestion was given to the police officials that no SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 29/31 recovery of gold ring and pair of ear tops have been effected from the possession of accused Rahul Gurung. I am of the view that as recovery of these looted articles were effected from the accused Rahul Gurung, it proves that accused Rahul Gurung is involved in the incident.
During arrest, both the accused persons made disclosure statements regarding their involvement in the present case and accused Mohd.Kausar was having Katta and they had committed robbery alongwith their companion Balraj @ Bunty and Mohd. Alam.
44.It is also contended by the counsel for the accused Mohd.Kausar that accused Mohd.Kausar has been acquitted in case FIR no. 209/12 of PS Janak Puri U/s 25/27 A.Act and thus he cannot be convicted in the present case.
Accused Mohd. Kausar has not placed on record any copy of the Judgment in case FIR no. 209/12. Moreover, if the accused Mohd. Kausar is acquitted in that case, it has no relevance when PW2 Smt.Sujata Raj has clearly identified the accused Mohd. Kausar in the court. Thus, this contention of the ld. Counsel carries no force.
45.It is also vehemently contended by the counsel for the accused persons that the finger prints lifted from the spot do not match with the finger prints of the accused persons, thus, the benefit of doubt should be given to both the accused persons.
I fail to appreciate this contention of the ld. Counsel for the accused persons as as per the prosecution case, four SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 30/31 persons entered in the house of the complainant and if the finger prints did not match with the accused persons, then it has no help to the accused persons when the complainant has clearly identified both the accused persons before the court.
46.Ld. counsel for the accused persons has placed reliance the citations as 1991 CRLJ 1258, I am of the view that this judgment is not helpful to the accused persons.
47.I am of the view that the prosecution is able to prove the case. It is proved that the accused Rahul Gurung entered in the house of complainant on the pretext of Courier boy and thereafter, Mohd. Kausar alongwith their associates Balraj @ Bunty and Mohd. Alam entered in the house and on the point of knife and revolver, committed robbery and looted the gold and silver jewellery and cash of Rs.15,000/ to Rs.20,000/ from the house of complainant.
Accordingly, accused Rahul Gurung is hereby convicted for the offence punishable U/s 392/34 IPC and 411 IPC. Accused Mohd. Kausar is hereby convicted for the offence punishable U/s 392/34 IPC and 397 IPC as he used pistol at the time of committing robbery and put the same at the temple of the complainant. They be heard on the Quantum of Sentence.
Ordered accordingly.
ANNOUNCED IN THE OPEN (NARESH KR. MALHOTRA) COURT ON:06.05.2015. ASJ05 (West), THC, Delhi.
SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 31/31IN THE COURT OF SH. NARESH KUMAR MALHOTRA, ADDITIONAL SESSIONS JUDGE05, WEST, TIS HAZARI COURTS, DELHI.
IN THE MATTER OF SESSIONS CASE NO.48/14 & Old No. 71/12 FIR No. 148/12 P.S. Moti Nagar U/S 392/397/411/34 IPC STATE VERSUS (1) RAHUL GURUNG S/O SH.ACHAR SINGH GURUNG R/O A232, J.J.COLONY, HASTSAL ROAD, UTTAM NAGAR, DELHI.
(2) MOHD. KAUSAR S/O MD.URASAT R/O H.NO.22A, VIKAS ENCLAVE, VIKAS NAGAR, NEW DELHI.
ORDER ON SENTENCE 16.05.2015 :
Present : Sh. Sanjay Kumar, Ld. Substitute Addl. P.P.for the State.
Both the Convicts are in J/C with Sh.A.K.Dubey, Advocate.
Arguments on the point of Sentence have been advanced.
Record perused. Contd....2.
SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 32/31
: 2 :
Ld. Counsel for the convict has contended that convict Rahul Gurung is of a young age and unmarried. He is residing with his mother, sister and younger brother. Further it is contended that he is involved in three other criminal cases, but he was acquitted in all the abovesaid three cases.
Further it is contended by the ld. Counsel that convict Mohd.Kausar belongs to poor family and is an illiterate person. There are 10/12 other criminal cases against him, however, he has not been convicted in any other cases. Further it is contended that he did not use fire arm on the complainant and It is prayed that lenient view be taken against both the convicts.
I have perused the file.
Both the convicts alongwith their other two associates entered in the house of complainant, when she was alone and on the point of knife and pistol, they robbed gold and silver jewellery and cash of Rs.15,000/ to Rs.20,000/. Thus, the convict Rahul Gurung is sentenced to undergo Rigorous imprisonment for a period of 3 years and fine of Rs. 5,000/ for the offence U/s. 392/34 IPC and in default of payment of fine, he shall further undergo SI for two months. Further, it is ordered that out of fine of Rs.5,000/, Rs. 2,500/ will go to the complainant.
Convict Rahul Gurung is further sentenced to undergo Rigorous Imprisonment for a period of 2 years and fine of Rs.1,000/ for the offence U/s.411 IPC and in default of payment of fine, he shall further undergo SI for two months. Further, it is ordered that out of SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 33/31 fine of Rs.1,000/, Rs. 500/ will go to the complainant.
Convict Mohd.Kausar is sentenced to undergo Rigorous imprisonment for a period of 3 years and fine of Rs. 5,000/ for the offence U/s. 392/34 IPC Contd.....3.
: 3 :
and in default of payment of fine, he shall further undergo SI for two months. Further, it is ordered that out of fine of Rs.5,000/, Rs. 2,500/ will go to the complainant.
Convict Mohd.Kausar is further sentenced to undergo Rigorous Imprisonment for a period of 7 years and fine of Rs.5,000/ for the offence U/s.397 IPC and in default of payment of fine, he shall further undergo SI for two months. Further, it is ordered that out of fine of Rs.5,000/, Rs.2,500/ will go to the complainant.
All the sentences of both the convicts shall run concurrently. Benefit of Section 428 Cr.P.C. be given to both the convicts. Copy of the Judgment and Order on Sentence be given to both the convicts free of cost.
File be consigned to record room.
ANNOUNCED IN THE OPEN (NARESH KR. MALHOTRA) COURT ON: 16.05.2015. ASJ05 (West), THC, Delhi.SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 34/31
FOR TRIAL WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT BY A SESSIONS JUDGE (SECTION 383 OF THE CRIMINAL PROCEDURE CODE) IN THE COURT OF SH. NARESH KUMAR MALHOTRA: ASJ05 : WEST DISTRICT, TIS HAZARI COURTS, DELHI SESSIONS CASE NO.48/14 & Old No. 71/12 FIR No. 148/12 P.S. Moti Nagar U/S 392/397/411/34 IPC To The Jail Superintendent Tihar, Delhi.
In the abovesaid case, accused namely RAHUL GURUNG S/O SH.ACHAR SINGH GURUNG R/O A232, J.J.COLONY, HASTSAL ROAD, UTTAM NAGAR, DELHI is held guilty and convicted for the offence punishable U/s 392/34 IPC and 411 IPC.
convict Rahul Gurung is sentenced to undergo Rigorous imprisonment for a period of 3 years and fine of Rs. 5,000/ for the offence U/s. 392/34 IPC and in default of payment of fine, he shall further undergo SI for two months. Further, it is ordered that out of fine of Rs.5,000/, Rs. 2,500/ will go to the complainant.
Convict Rahul Gurung is further sentenced to undergo Rigorous Imprisonment for a period of 2 years and fine of Rs.1,000/ for the offence U/s.411 IPC and in default of payment of fine, he shall further undergo SI for two months. Further, it is ordered that out of fine of Rs.1,000/, Rs. 500/ will go to the complainant.
Contd....2.SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 35/31
: 2 :
Both the sentences shall run concurrently. Benefit of Section 428 Cr.P.C. be given to the convict. This is to authorize and require you, the said Superintendent, to receive the said convict into your custody in the said jail together with this warrant to undergo the sentence as awarded by this Court.
Given under my hand and the seal of the Court on this 16 th day of May, 2015.
Note : Fine not paid.
(Naresh Kumar Malhotra) ASJ05/West/THC/Delhi 16.05.2015 SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 36/31 FOR TRIAL WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT BY A SESSIONS JUDGE (SECTION 383 OF THE CRIMINAL PROCEDURE CODE) IN THE COURT OF SH. NARESH KUMAR MALHOTRA: ASJ05 : WEST DISTRICT, TIS HAZARI COURTS, DELHI SESSIONS CASE NO.48/14 & Old No. 71/12 FIR No. 148/12 P.S. Moti Nagar U/S 392/397/411/34 IPC To The Jail Superintendent Tihar, Delhi.
In the abovesaid case, accused namely MOHD. KAUSAR S/O MD.URASAT R/O H.NO.22A, VIKAS ENCLAVE, VIKAS NAGAR, NEW DELHI is held guilty and convicted for the offence punishable U/s 392/34 IPC and 397 IPC.
Convict Mohd.Kausar is sentenced to undergo Rigorous imprisonment for a period of 3 years and fine of Rs. 5,000/ for the offence U/s. 392/34 IPC and in default of payment of fine, he shall further undergo SI for two months. Further, it is ordered that out of fine of Rs.5,000/, Rs. 2,500/ will go to the complainant.
Convict Mohd.Kausar is further sentenced to undergo Rigorous Imprisonment for a period of 7 years and fine of Rs.5,000/ for the offence U/s.397 IPC and in default of payment of fine, he shall further undergo SI for two months. Further, it is ordered that out of fine of Rs.5,000/, Rs.2,500/ will go to the complainant.
SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 37/31Contd....2.
SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 38/31: 2 :
Both the sentences shall run concurrently. Benefit of Section 428 Cr.P.C. be given to the convict. This is to authorize and require you, the said Superintendent, to receive the said convict into your custody in the said jail together with this warrant to undergo the sentence as awarded by this Court.
Given under my hand and the seal of the Court on this 16 th day of May, 2015.
Note : Fine not paid.
(Naresh Kumar Malhotra) ASJ05/West/THC/Delhi 16.05.2015 SC No. 48/14 State Vs. Rahul Gurung etc. Page No. 39/31