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Delhi District Court

State vs . on 5 January, 2019

                                                                  Page 1 of 12



           IN THE COURT OF SH VIRENDER KUMAR GOYAL,
              ADDL. SESSIONS JUDGE­04, WEST DISTRICT,
                     TIS HAZARI COURTS, DELHI

         CNR No. DLWT01­000492­2015
         SC No.56227/17
         FIR No.1082/2015
         P.S. Janak Puri
         U/Sec.392//// IPC

         State

         Vs.

         1. Vipin @ Lallu
         S/o Sh. Niranjan
         R/o B­26, Gali No. 16, Shukar Bazar Road,
         Bindapur, New Delhi

         2. Rahul S/o Lallan
                           (already convicted vide order dated 26/09/2018 )

         Date of committal to Court of Sessions         :     09.02.2016
         Final Arguments concluded on                   :     05.01.2019
         Date of Judgment                               :     05.01.2019

                                 JUDGMENT

1. The present case has been registered against the accused person in P.S. Janak Puri on the complaint of complainant Mukesh with the State Vs. Vipin @ Lallu & Anr.

P.S. - Janak Puri Page 2 of 12 allegations that on 28/08/2015 at 11.15 a.m. accused persons assaulted him with brick.

2. Thereafter, on completion of investigation, charge­sheet under Sections392/394/397/307/34 IPC was filed on 30.11.2015 before the Court of Ld. MM, West District, Tis Hazari Court, Delhi and vide order dated 30.01.2016, Ld. MM committed the case to the Court of Sessions.

3. Vide order dated 29.03.2016, charge U/Sec.392/394/397/307/34 IPC was framed against both the accused persons to which they pleaded not guilty and claimed trial.

4. During the trial, the prosecution has examined 7 witnesses.

5. PW­1 Mukesh has stated that on 28.08.2015 at about 11.15 p.m., he was coming from the house of his friend residing in the area of Dabri to Janak Cinema Complex to meet his friend Vijay. When he was at the distance of 100 meter from Janak Cinema Complex, someone State Vs. Vipin @ Lallu & Anr.

P.S. - Janak Puri Page 3 of 12 came from back side and caught hold his neck. Associate of the said person hit brick on his nose. Second associate of the said person caused knife blow on his left abdomen. They snatched his phone make Samsung Star Pro white colour S­7262 from his hand. They also robbed his bag and purse. Thereafter, they pushed him due to that he fell on the ground and then they fled away. He stood up and tried to chase them but could not catch them. Thereafter, he went to the house of his friend Sudesh and he took him to DDU Hospital where he got treatment in the said hospital and remained there for one week. Police came there in the same night and recorded his statement Ex.PW­1/A. His purse was containing his Aadhar Card, PAN Card, ATM of OBC Bank and Rs.220/­. His bag was containing his study documents, caste, certificate, his birth certificate, etc. Documents of his two younger brother were also there in the said bag.

6. PW­2 Ct. Zile Singh has stated that on 02.09.2015, he was posted at P.S. Janak Puri, he had joined the investigation of case FIR No.1102/15 P.S. Janak Puri with S.I. Laxman. During investigation, State Vs. Vipin @ Lallu & Anr.

P.S. - Janak Puri Page 4 of 12 I.O. interrogated and arrested you accused Vipin, Rahul and apprehended JCL Krishna and JCL Nikesh. During the investigation, aforesaid accused persons disclosed about their involvements in case FIR No.1032/15 and 1082/15. Photocopies of disclosure statements of accused Rahul and Vipin recorded in FIR No.1102/15 are Mark PW­ 2/A and Mark PW­2/B. The I.O. recorded his statement in this regard.

7. PW3 Ct Parvesh Kumar has stated that on 02.09.2015 while he was posted at P.S. Janak Puri as constable, he alongwith Ct. Krishan joined the investigation in the present case with S.I. Umesh Yadav and all of them went to Tihar Jail No.7, where I.O. with the permission of Jail Superintendent interrogated the accused Rahul and accused Vipin @ Lallu. Accused Rahul was arrested vide Arrest Memo Ex.PW­3/A and his personal search was conducted Ex.PW­ 3/B. Both bear his signatures. Accused Vipin was arrested vide Arrest Memo Ex.PW­3/C and his personal search was conducted Ex.PW­ 3/D. Both bear his signature. Accused Rahul and Vipin made their disclosure statements vide memos Ex.PW­3/E and Ex.PW­3/F State Vs. Vipin @ Lallu & Anr.

P.S. - Janak Puri Page 5 of 12 respectively both bearing his signature. IO recorded his statement in this regard.

8. PW­4 Ct. Anil has stated that on 29.08.2015, he was posted at P.S. Janak Puri, S.I. Umesh received DD No. 3­B at about 12:05­12:10 a.m. and he alongwith S.I. Umesh reached at D.D.U Hospital. In the hospital, injured Mukesh was found admitted. I.O. recorded statement of Mukesh and prepared rukka. I.O. handed over the same to him for registration of FIR. He went to P.S. Janak Puri and got the case registered. Thereafter, he reached at the spot near Dabri Flyover with original rukka and copy of FIR. He handed over the same to S.I. Umesh. I.O. made efforts to the recovery of the case property, arrest of accused persons and eye witnesses, but in vain. Thereafter, they returned the police station Janak Puri. I.O. recorded his statement.

9. PW­5 Ct. Krishan Kumar has stated that on 02.09.2015, he was posted at P.S. Janak Puri, he alongwith Ct. Parvesh joined investigation of the present case with S.I. Umesh Yadav and all of them went to Tihar State Vs. Vipin @ Lallu & Anr.

P.S. - Janak Puri Page 6 of 12 Jail No.7 where with the permission of Jail Superintendent I.O. interrogated accused persons namely Rahul and Vipin @ Lallu. Accused Rahul was arrested vide memo Ex.PW3/A and his personal search was conducted vide memo Ex.PW3/B. Disclosure statement of accused Rahul was recorded by the I.O. vide memo Ex.PW3/E. Accused Vipin @ Lallu was arrested vide memo Ex.PW3/C and his personal search was conducted vide memo Ex.PW3/D. Disclosure statement of accused Vipin @ Lallu was recorded by the I.O. vide memo Ex.PW3/F. Thereafter, he alongwith I.O. and Ct. Parvesh returned to the police station. I.O. recorded his statement.

10. PW6 HC Ajit has stated that on 28/08/2015 while he was posted at PS Janakpuri as HC as duty officer from 12 mid night to 8 am (next day), on 29/08/2015 at about 2.20 am, he received rukka sent by SI Umesh through Ct Anil for the registration of FIR of present case. He made endorsement on the rukka and the same is Ex PW6/A. On the basis of the same, the FIR of present case was got registered through CIPA Operator. Copy of the FIR is Ex PW6/B, bearing his signatures. He State Vs. Vipin @ Lallu & Anr.

P.S. - Janak Puri Page 7 of 12 had also issued certificate u/s 65B of Indian Evidence Act Ex PW6/C. After registration of present FIR, copy of the same and original rukka was handed over to Ct Anil for handing over the same to SI Umesh.

11. PW7 SI Laxman has stated that on 02/09/2015 while he was posted at PS Janakpuri as SI, during the investigation of case FIR No. 1102/15 PS Janak Puri u/s 392/411/34 IPC, accused persons namely Vipin @ Lallu, Rahul were arrested and two JCLs namely Krishna and Nikesh @ Mukesh were apprehended by him during interrogation. Aforesaid persons had disclosed about their involvement in case FIR 1082/15 and 1032/15, both PS Janakpuri. Disclosure statement of accused Rahul and Vipin were recorded by him vide memos Mark PW2/A and Mark PW2/B, both bearing his signatures.

12. PW7 has further stated that he had also recorded version of aforesaid JCLs. As per direction of SI Umesh, he produced JCLs before JJB1 and after permission of the ld. JJB, he apprehended them in aforesaid FIR numbers. The JCLs were produced before Ld. JJB in muffled face State Vs. Vipin @ Lallu & Anr.

P.S. - Janak Puri Page 8 of 12 and from their they were sent to protective custody for 14 days. After returning to PS, he had handed over the case file to SI Umesh.

13. PW7 has further stated that on 11/09/2015, as per direction of SI Umesh, he had taken complainant of the present case namely Mukesh to Tihar Jail for TIP proceedings. At the Tihar Jail, he had identified the complainant and TIP proceedings of accused Vipin @ Lallu and Rahul were conducted by Ms. Swati Singh, Ld. MM. After TIP proceedings, he had obtained the copies of TIP proceedings. Thereafter, he returned to the PS and handed over the case file to SI Umesh Yadav.

14. Statement of accused Vipin @ Lallu u/sec.313 Cr.P.C was recorded, wherein he has admitted the case of prosecution and also denied to lead defence evidence.

15. I have heard Ld. Addl. PP for State and Sh. A.S Rajput, Ld. Legal Aid Counsel for accused and gone through the record of this case. State Vs. Vipin @ Lallu & Anr.

P.S. - Janak Puri Page 9 of 12

16. In this case, accused Vipin @ Lallu has been charged for offences U/sec.392/394/34 and Sec.307/34 IPC.

17. To prove the case, complainant Mukesh has been examined as PW­1.

He stated that on 28.08.2015 at about 11.15 p.m., he was coming from the house of his friend residing in the area of Dabri to Janak Cinema Complex to meet his friend Vijay. When he was at the distance of 100 meter from Janak Cinema Complex, someone came from back side and caught hold his neck. Associate of the said person hit brick on his nose. Second associate of the said person caused knife blow on his left abdomen. They snatched his phone make Samsung Star Pro white colour S­7262 from his hand. They also robbed his bag and purse. Thereafter, they pushed him due to that he fell on the ground and then they fled away. He stood up and tried to chase them but could not catch them. Thereafter, he went to the house of his friend Sudesh and he took him to DDU Hospital where he got treatment in the said hospital and remained there for one week. Police came there in the same night and recorded his statement Ex.PW­1/A. His purse was State Vs. Vipin @ Lallu & Anr.

P.S. - Janak Puri Page 10 of 12 containing his Aadhar Card, PAN Card, ATM of OBC Bank and Rs.220/­. His bag was containing his study documents, caste, certificate, his birth certificate, etc. Documents of his two younger brother were also there in the said bag. He has identified both the accused before the Court. He does not remember the exact date, probably it was 15.09.2015, he was called in Tihar Jail for the identification of the accused persons where he identified one of the robber as accused in TIP before the Ld. MM.

18. In the cross­examination of PW­1, nothing came out to disbelieve his testimony in any manner. PW­1 has stated that there were lights on the concerned road but there was darkness at the place of incident. He had seen the faces of the robbers as the struggle continued for some time. He had given the description of the robbers to the police. PW­1 also denied that he has identified the accused persons at the instance of the police only after seeing their photographs. He has also denied that none of the accused was present at the spot and the accused persons have not committed any such robbery. State Vs. Vipin @ Lallu & Anr.

P.S. - Janak Puri Page 11 of 12

19. PW­2 Zile Singh was with the I.O. During the investigation of case, accused Vipin was apprehended. PW­4 Ct. Anil was also with the I.O. on that day I.O. recorded statement of PW­1 Mukesh and prepared rukka and handed over the same to him for registration of FIR.

20. PW­5 Ct. Krishan Kumar was also with the I.O. and they went to Tihal Jail No.7, where with the permission of the Jail Superintendent, I.O. interrogated accused Vipin @ Lallu. Accused Vipin @ Lallu was formally arrested vide arrest memo Ex.PW­3/C and his personal search was conducted vide memo Ex.PW­3/D. He also made disclosure statement Ex.PW­3/F.

21. Nothing came out from the cross­examination of these witness to disbelieve their testimonies. In his statement recorded u/s 313 Cr.P.C, accused Vipin @ Lallu has pleaded guilty for the offences of prosecution and has prayed for lienant view as he is in custody since 2015.

22. In view of above, from the testimony of PW­1 Mukesh and other State Vs. Vipin @ Lallu & Anr.

P.S. - Janak Puri Page 12 of 12 witnesses prosecution has been able to prove offences U/Sec.392/394/34 and Sec.307/34 IPC against the accused beyond reasonable doubts. Accordingly, accused Vipin @ Lallu is held guilty and convicted for the same.

(Announced in open Court on 05.01.2019) (Virender Kumar Goyal) ASJ­04, West District, Tis Hazari Court, Delhi State Vs. Vipin @ Lallu & Anr.

P.S. - Janak Puri