Delhi District Court
Criminal Case/333/2005 on 11 March, 2011
IN THE COURT OF SH. SONU AGNIHOTRI M.M.03
DISTT. NE, KKD COURTS DELHI
FIR No. 333/05
PS Dilshad Garden
JUDGMENT
a. Sl. No. of the case : 295/2/08
b. Date of commission of offence : 20.11.05
c. Name of the complainant : Neha
d. Name of the accused, his Harpreet @ Hardeep Singh @Bunty
parentage and address S/o Arjun Singh
R/o 28/55, Kasturba Nagar,
: PS Vivek Vihar, Delhi.
e. Plea of accused : Pleaded not guilty
f. Offence complained of or proved: 356/379/34 IPC
g. Final order : Acquitted
h. Date of Institution : 20.04.06
i. Judgment reserved on : N.A
j. Judgment delivered on : 11.03.11
k. Unique ID No. : 02402R0232462006
FIR No.333/05 1/6
Brief Facts
As per prosecution version, on 20.11.05, on receipt of DD No. 24A, SI Rishiom along with Ct. Manoj Kumar reached at spot i.e. MCD Community Center, Tahir Pur, Delhi where complainant Neha met them.
It is stated that complainant got recorded her statement with SI Rishiom. It is stated that complainant in her statement stated that on 20.11.05 she along with her husband and children went to MCD Community Center, Tahir Pur to attend a marriage and her husband stopped his car at the main gate of MCD Community Center. It is stated that thereafter they all alighted from the car and as they were going to enter the gate, two boys came on a scooter make Bajaj of Grey colour and pillion rider of that scooter who was wearing brown colour jacket snatched gold neckless weighing 35 gm. from neck of complainant and thread of neckless and some artificial ornaments remained with her. It is stated that thereafter husband of complainant made a call at 100 number.
It is stated that FIR was got lodged. It is stated that during FIR No.333/05 2/6 investigation IO inspected spot and prepared site plan. It is stated that remaining portion of neckless was taken into possession vide separate memo. It is stated that statements of witnesses were recorded and search in respect of accused and snatched gold neckless was made. It is stated that accused Hardeet @ Bunty was arrested in case FIR No. 340/05, u/s 25/54/59 Arms Act who disclosed that he along with coaccused Rocky had committed said incident.
It is stated that after procuring relevant documents from IO of FIR No. 340/05, U/s 25/54/59 Arms Act, accused was arrested and one day P/C of accused was taken but neither coaccused could be arrested on account of lack of particulars nor case property could be recovered. It is stated that accused refused to participate in TIP proceedings.
After completion of investigation, charge sheet was filed before court on 20.04.06. Provisions of section 207 IPC were complied with after appearance of accused before court.
Prima facie case having been made out, charge u/s 356/379/34 IPC FIR No.333/05 3/6 was framed against accused on 24.10.08 to which accused pleaded not guilty.
In order to prove its case, prosecution examined following witnesses: PW 1 Smt. Neha PW 2 Sushil Kumar PW 3 SI Rishiom Bhardwaj S/A u/s 313 Cr. PC was recorded on 22.02.11 in which incriminating material appearing in evidence against accused was put to accused to which accused stated that he is innocent and has been falsely implicated in present case. No DE was led by accused.
I have heard submissions of respective counsels and perused the record.
Decision and Brief Reasons for the Same Along with charge sheet, IO filed list of witnesses which contained names of 8 witnesses. Out of these 8 witnesses, only two witnesses namely Complainant Neha and PW Sushil are eyewitness to alleged incident. FIR No.333/05 4/6 Rest of witnesses are not eyewitnesses and are either police officials or formal witnesses.
On 22.02.11, Counsel for accused submitted that there are only two eyewitness in the present case and they have turned hostile in respect of identity of accused and there is no other eyewitness and other witnesses are either police officials or formal witnesses. He further submitted that examination of remaining PWs shall be nothing but wastage of precious time of this court.
Ld. APP for the state did not dispute factual position as submitted by counsel for accused. In view of factual position as submitted by counsel for accused and the same being admitted by Ld. APP for state, PE was closed.
PW Neha and PW Sushil are the star witnesses for prosecution being eyewitness and they have turned hostile with regard to identity of accused. Further no recovery has been effected from accused.
In the circumstances of present case when PW Neha and PW Sushil have turned hostile with regard to identity of accused and no recovery FIR No.333/05 5/6 has been effected from accused, I am of the opinion that prosecution has not been able to prove its case beyond reasonable doubt against accused. Accordingly, accused is acquitted for offences u/s 356/379/34 IPC. File be consigned to record room.
Announced in the open court (SONU AGNIHOTRI)
Dt. 11.03.11 MM03, District NE,
Karkardooma Courts, Delhi.
FIR No.333/05 6/6