Delhi District Court
State vs Satmanu @ Manu on 23 September, 2014
IN THE COURT OF SH. VIRENDER KUMAR GOYAL
ADDL SESSIONS JUDGE: FAST TRACK COURT
ROHINI:DELHI
SC No. 20/1
Unique Identification No. 02404R0288052013
State
Versus
1. Satmanu @ Manu
S/o Sh. Tej Pal Singh
R/o VillageKanoda,
PSPanna Lamba,
PS Bahadurgarh (Haryana)
2. Anoop @ Sonu
S/o Sh. Baljeet
R/o Village Dhegal,
Panna Balan near Chaupal,
PS Beri, Distt Jhajjar (Haryana)
3. Dinesh
S/o Sh. Om Parkash
R/o Vill & POKanoda,
PSBahadur Garh,
DistrictJhajjar, Haryana
FIR No. 1314/06
PS Sultan Puri
U/s. 392/394/397/411/34 IPC
Date of institution of the case: 21/09/2013
Arguments heard on: 23/09/2014
Date of Decision: 23/09/2014
JUDGMENT
This case was registered on the statement of one Rahul on 18/08/2006, u/s. 392/394/34 IPC of IPC. Prior to that, DD No. 80B was recorded at PS Sultan SC No. 20/1 1/15 Puri, at about 8.45 p.m., to the effect that in front of Sector21, Pocket13, Rohini, three boys after snatching motorcycle no. DL8CF3649 had run away and the motorcyclist had been stabbed. A copy of this DD was handed over to ASI Ranveer Singh for taking necessary action. Ct Ganga Singh was sent to the spot.
On receipt of DD, ASI Ranveer Singh along with Ct Ram Sharan reached at the spot, where no eye witness met them. On inquiry, it was revealed that injured had been removed to SGM hospital by PCR. Accordingly, they reached there, where ASI Ranveer Singh collected MLC of one Rahul, who was declared fit for statement by the doctor. Accordingly, he recorded his statement, on which, case was got registered u/s. 392/394/34 of IPC.
During investigation, rough site plan of the place of occurrence was prepared. Accused persons were searched and were arrested along with the case property. Accused Anoop @ Sonu and Satmanu @ Mannu were arrested on 21/08/2006. Their arrest memos and personal search memos were prepared. They also made disclosure statements. They also pointed out the place of occurrence. Separate pointing out memos were prepared in this regard. Accused Anoop @ Sonu got recovered one motorcycle bearing registration No. DL8SAF3649, which was looted by him along with his associates Dinesh and Satmanu. It was seized by preparing a memo. Accused Satmanu got recovered one black colour bag containing one visiting card and debit card, which were robbed by him on 18/08/2006 along with his associates Anoop and Dinesh and also pointed out one motorcycle No. DL8SV1405, which was used in the commission of offence. Same were seized by preparing a pointing out cum recovery memo. Accused Anoop @ Sonu also got recovered one purse containing Rs. 100/, driving licence of one Rahul, one I/card of NDPL of Rahul, one RC of motorcycle No. DL8SAF3649 and one dagger like knife. Sketch of the dagger was prepared. TIP of accused Satmanu was got conducted.
On 25/08/2006, accused Dinesh was arrested in this case. His personal SC No. 20/1 2/15 search was conducted. He also made disclosure statement and pointed out the place of occurrence and pointing out memo was prepared in this regard. He got recovered one black colour mobile phone make Sony Ericsson, one car of Big Bazar ICICI Bank, on which, R.D. Sharma was written and told that it was his share from the robbed articles. Result on the MLC of injured Rahul was obtained, which was opined to be simple in nature.
On completion of investigation, chargesheet was filed against all the three accused persons on 21/09/2013 u/s. 392/394/397/411/34 of IPC. Case was committed to the Court of Session on 24/04/2014 and was received on 26/04/2014. On 12/05/2014, charge u/s. 411 of IPC was framed against accused Satmanu, whereas charge u/s. 397 of IPC was framed against accused Anoop @ Sonu along with separate charge u/s. 411 of IPC, u/s. 27 of Arms Act and another u/s. 411 of IPC and charge u/s. 394 read with Section 34 of IPC was framed against accused Anoop @ Sonu and Dines and separate charge u/s. 411 of IPC was framed against accused Dinesh, to which, they pleaded not guilty and claimed trial.
To prove its case, prosecution has examined PW1 to PW8 in all. Statements of accused persons have been recorded u/s. 313 of Cr.P.C., wherein they have denied the case of the prosecution and have claimed false implication.
I have heard learned APP for the State, learned defence counsels for all the three accused persons and have gone through the material placed on record with evidence adduced.
Complainant Rahul has been examined as PW1. He has deposed that in the year 2006, he was working in NDPL as associate and at present, he is doing job in MNC at Gurgoan. On 28/08/2006, at about 89 pm, he was going to his house from his office on bike No. DL8SAF3649, after completing his duty. At about 8.30 pm, when he reached near Kanjhawala road near CNG Pump, he stopped as he had received a call on his mobile phone and was attending the same. At that time, 34 boys came there on bike. They all were wearing helmets and had covered their faces SC No. 20/1 3/15 with handkerchief upto nose. One of those boys put a knife on his neck and others were standing at that time. He caught hold the knife with his right hand. When the said boy tried to get scot free the knife from his grip, in that process, he sustained injury in his right hand palm. While fleeing from there, 34 boys removed his purse containing debit card, credit card and identity card along with 600700/ in cash. His mobile was also robbed, which might be of Nokia. He does not remember the mobile number as the incident had happened in the year 2006. His bike was also robbed alonwith bag containing some books. Those 34 persons fled away on the road, opposite Mahraja Agrasen Engineering College. He made a call at 100 number from a nearby telephone booth. PCR came there and removed him to SGM hospital, where he was provided medical treatment. Local police also came there. From the hospital, he came back to his house. On the same day at his house, his statement was recorded, which is Ex.PW1/A. At that time, he could not sign the same properly as he was sustaining injury on his right hand palm.
PW1 has further deposed that after about 34 days, he was called in PS Sultanpuri and was told that his bike, purse, mobile, bag etc. were recovered, but only motorcycle was shown to him. He had identified the same. In the same month, he was also asked to identify the accused persons in the TIP and he reached at Tihar jail. He joined the TIP but could not identify the accused during TIP as the persons, who were shown to him, were of similar height and description.
PW1 has further deposed that he also got released his motorcycle, purse and bag on superdari from the Court concerned. He did not obtain mobile phone on superdari as inadvertently the same could not be mentioned in the application for superdari and he came to know this fact at the time, when he got released the case property from MHC(M). He did not move separate application for release of mobile phone.
PW1 Rahul has produced motorcycle no. DL8SAF3649 before the Court, which was robbed and is exhibited as Ex. P1. The same was taken on SC No. 20/1 4/15 superdari by his brother Rohit Dutt Sharma. PW1 has stated that bag and the purse containing I/card, credit card and one debit card, which were taken by him on superdari, lost somewhere and when the same could not be found, he lodged missing report regarding the same at PS Begumpur, Delhi, vide DD no. 63B dated 01/05/11. The mobile phone in question, which was taken on superdari, has also lost, hence, he could not be produce the same. PW1 Rahul has identified his signatures at point A on TIP proceedings Ex. PW1/B. Since PW1 has not supported the case of the prosecution regarding identity of the accused persons, so, he has been cross examined by Ld. APP, wherein he has admitted that when he reached on his motorcycle at T Point, at that time, three boys were standing near a Honda motorcycle of grey colour and he was driving his motorcycle slowly. All of a sudden, one of those boys pushed him, due to which, he fell down and as soon as, he stood up, the boy, who had pushed him, pointed out a knife on his neck. When he objected the same, that boy attacked with knife on him, due to which, he sustained injuries on his hand. PW1 has further admitted that in the meanwhile, one of the boys nabbed him from behind and the third boy took out the black colour bag hanging on his shoulder and also took away his purse containing his I/card, credit card, one debit card and cash of Rs. 750/ and one mobile phone bearing no. 9911319150 and also snatched his motorcycle and after that, they ran away towards Sector no. 21. Thereafter, he rushed towards Sector 21 and reached at one STD shop, from where, he made a call to the police. He has admitted that he told all these facts to the police in his statement.
During further cross examination by Ld. APP, PW1 has admitted that when police recorded his statement regarding the occurrence, at that time, he also stated the description of all those three offending boys and also told that the boy, who had pushed him, was of blackish colour, 5'8" height, and of stout built and the boy, who had nabbed him, was of wheatish colour, 5'8" height, of stout built, wearing white shirt and jeans pant. He also stated the description of third boy as of blackish SC No. 20/1 5/15 colour , 5'7" height, aged about 2025 years and that he could identify them. He has further admitted that police had also prepared rough site plan of the place of occurrence on his pointing and his another statement to this effect was also recorded by the police on the same day.
PW1 has denied that during cross examination conducted by Ld. APP, on 21/08/2006, he again joined investigation of this case with IO ASI Ranbir or that on that day, while he was standing with IO and some other police staff on road near Maharaja Agrasen College, two boys were apprehended by the police or that on seeing both of them, he told to the police that they were the same boys, who had committed robbery with him along with their one more associate. He has further denied that IO had asked their names and addresses in his presence or that his another supplementary statement was also recorded by the IO. He has further denied that accused Satmanu @ Mannu and Anoop @ Sonu were arrested by the police at his instance on 21/08/2006 or that accused Dinesh was also present with accused Satmanu and Anoop at the time of robbery or that he was also involved in the robbery. PW1 has further denied that none of the three boys, who had committed robbery with him, were wearing helmets or that none of them had covered their faces with handkerchief upto nose. He has further denied that due to fear of the accused persons, he was deliberately not identifying them as the real culprits.
PW7 ASI Ranveer Singh is the first IO of the case. He has stated that on 18/08/06, he was posted as ASI at PS Sultanpuri and in the intervening night of 1819/08/06, he was on emergency duty at PS from 8 pm to 8 am. On receipt of DD no.80B, he alongwith PW8 Ct Ram Charan reached at the spot i.e. at T point in front of pocket13, where they came to know that injured had been removed to SGM hospital. Hence, he along with PW8 Ct Ram Charan reached at the hospital, where he collected the MLC of injured PW1 Rahul. Doctor had opined him fit for statement. So, he recorded his statement, on which, PW1 Rahul had signed at point A and he attested the same at point B. On his statement, he prepared rukka, which is SC No. 20/1 6/15 Ex.PW7/A. He handed over the rukka to Ct Ram Charan and sent him to PS for registration of the case.
PW2 ASI Banjrang Lal has deposed that on 18/08/2006, he was posted as HC at PS Sultanpuri and on that day, he was working as Duty officer from 4 pm to 12.00 night. On that day, at about 10.40 pm, he received rukka from Ct Ram Charan sent by PW7 ASI Ranbir Singh, on the basis of which, he recorded FIR of this case u/s 392/397/34 of IPC. After registration of the FIR, he handed over the copy of FIR and original rukka to Ct Ram Saran to further hand over the same to ASI Ranbir Singh for further investigation. PW2 has proved the copy of FIR as Ex.PW2/A. He also made kayami DD no. 44A in this regard and also made endorsement on rukka in red encircled portion, which is Ex.PW2/B. PW7 has further deposed that thereafter, he alongwith PW1 Rahul reached at the spot. In the meantime, Ct Ram Charan came there, who handed over the copy of FIR and rukka to him. He prepared rough site plan at the instance of PW1 Rahul of the place of occurrence, which is Ex.PW7/B and also recorded statement of Ct Ram Charan.
PW8 Ct Ram Charan has deposed about joining the investigation with PW7 ASI Ranveer on 18/08/2006 and regarding registration of case through him.
PW7 ASI Ranveer Singh has further deposed that on 21/08/2006, when he alongwith PW4 Ct Jai Inder, PW5 Ct Yasbir and HC Khushi Ram was checking vehicles near Agrasen college by using barricades, at about 5.55 pm, two boys came on a motorcycle, who were asked to stop. After stopping their motorcycle, they both started running here and there,at which, they both were apprehended. One boy was apprehended by HC Khushi Ram and PW5 Ct Yashbir, who disclosed his name as Anoop and the boy, who was apprehended by PW4 Ct Jai Inder with the help of PW7 ASI Ranveer, disclosed his name as Satmanu. One knife was recovered from the possession of accused Satmanu. Sketch of same was prepared by him and after preparing its pullanda with the seal of RS, it was seized by preparing a memo. SC No. 20/1 7/15
PW7 has further deposed that after interrogation, both accused Satmanu and Anoop were arrested vide memos Ex.PW4/A and Ex.PW4/B respectively. Their personal searches were also conducted vide memos Ex.PW4/C and Ex.PW4/D respectively. At that time, he also recorded their disclosure statements Ex.PW4/E and Ex.PW4/F. He also recorded statements of PW4 Ct Jai Inder, PW5 Ct Yashbir and HC Khushi Ram. PW7 has further deposed that after arrest, both the accused pointed out the place of occurrence vide memos Ex.PW4/H and Ex.PW4/I. PW7 has further deposed that thereafter, accused Satmanu led the police party to his house, from where, he produced one bag containing visiting card and one debit card. He also pointed out towards one motorcycle having no. DL8SB1405, make LML Freedom, which was parked in the compound of his house and told that it was the same motorcycle, which was used in the commission of offence of present case. Motorcycle and other articles were taken into possession vide memo Ex. PW4/J. Thereafter, accused Anoop led the police party to his house, from where, he produced one purse containing Rs.100/, one driving license in the name of PW1 Rahul, one NDPL I card of Rahul, one RC of motorcycle no. DL8SAF3649 and one dagger like knife. He measured the knife and its total length was 29.5 cm, length of blade was 18 cm and length of handle was 11.5 cm. Thereafter, he prepared the sketch of knife, which is Ex.PW4/L. Thereafter, he prepared pullanda of the knife, which was sealed with the seal of RS. Seal after use was handed over to PW4 Ct Jai Inder. All the articles were seized vide seizure memo vide memo Ex. PW4/K. Accused Anoop also produced one motorcycle no. DL8SAF3649 and told that it was the same, which was robbed at the time of occurrence. The motorcycle was also taken into possession vide memo Ex.PW4/G. Thereafter, accused Satmanu and Anoop were got medically examined and thereafter, they came back to the PS and case property was deposited in the malkhana and both the accused were put in the lockup.
PW7 has further deposed that on 16/09/06, he moved an application before Ld MM for conducting TIP of accused Satmanu, which was fixed for 22/09/06. The SC No. 20/1 8/15 said application is Ex.PW7/C. On 22/09/06, he took complainant Rahul (PW1) to Tihar jail, where TIP proceedings were conducted by Ld MM and after TIP proceedings, he obtained the copy of same. He came to know that complainant Rahul had failed to identify accused Satmanu. Thereafter, he got suspended, so, he handed over the File to MHC(R). As per record, further investigation was carried out by ASI Pradhuman.
PW7 ASI Ranveer has identified the dagger like knife, which was got recovered by accused Anoop from his house, as Ex.P2. He has also identified one black colour bag, which was got recovered by accused Satmanu from his house, as Ex.P3. PW7 has further identified one currency note of Rs. 100/, which was got recovered by accused Anoop from a purse alongwith I Card and RC of the motorcycle, as Ex.P4. He has also identified motorcycle no. DL8SAF3649, which was produced by superdar Rahul as Ex.P1. PW1 has further stated that one bag and purse containing one I Card, credit card and one debit card, which were taken on superadari, had been lost somewhere,regarding which superdar Rahul had lodged missing report vide DD no. 63B dated 01/05/11. He has further deposed that he can identify the knife, which was got recovered from the possession of accused Satmanu.
During examination of this witness, it was revealed that there was no entry regarding deposit of knife in the malkhana by the IO in register No. 19, copy of which is available on record. Hence, the knife could not be produced before the Court.
PW4 Ct Jai Inder and PW5 HC Yashbir have deposed the same facts as of PW7 ASI Ranveer regarding arrest of accused Satmanu and Anoop @ Sonu and recoveries effected from them. Both these witnesses have identified the dagger like knife as Ex. P3, which was got recovered by accused Anoop from his house, one black colour bag as Ex. P3, which was got recovered by accused Satmanu from his house, one currency note of Rs. 100/ as Ex. P4 , which was got recovered by accused Anoop from a purse along with I/card and RC of the motorcycle and motorcycle no. SC No. 20/1 9/15 DL8SAF3649 as Ex. P1.
PW6 HC Mahavir Singh has deposed that on 25/08/2006,he was posted at PS Sultanpuri as Ct and on that day, he alongwith ASI Pradhuman, reached near bus terminal Sultanpuri at about 9.00 pm, where one secret informer came and told to ASI Pradhuman about one Dinesh son of Omparkash, who was wanted in this case, that he was waiting for some one at Sultanpuri Bus terminal. On this information, he alongwith ASI Pradhuman reached at the bus terminal, where secret informer pointed out towards one person as Dinesh , who was apprehended. One mobile phone make Sony Erricson and one card Big Bazar, ICICI Bank, in the name of R.D sharma were produced by accused Dinesh, who told that it was the same, which were received by him as his share out of the robbed articles. Accused Dinesh was arrested vide memo Ex.PW6/A and his personal search was conducted vide memo Ex.PW6/B. He also made disclosure statement vide memo Ex.PW6/C. The mobile phone and card were taken into possession vide memo Ex.PW6/D. Thereafter, accused Dinesh led them at the place of occurrence and pointed out the place i.e. CNG Pump T Point, Sector21 Rohini, at Kanjhawala road vide pointing out memo Ex.PW6/E. Thereafter, they alongwith accused Dinesh came back to the PS. Case property was deposited in the malkhana and accused was put up in the lock up.
According to PW6 HC Mahavir, the debit card was given on superdari to superdar Rahul i.e. PW1, who lost the same and lodged the missing report vide DD no 63B dated 01/05/13 for the same. The mobile phone was also given on superdari to Superdar Rahul, who has stated that the same has also been lost by him. Hence, the same could not be produced before the Court.
PW3 HC Ganga Saran has been deputed to depose on behalf of HC Satpal, who was working as MHC(M) at PS Sultanpuri on 21/08/2006, as he has expired. PW3 has produced the summoned record i.e. Malkhana register no. 19 containing two of the entries made by HC Satpal on dated 21/08/2006 and 25/08/2006. As per record, on 21/08/2006, ASI Ranbir got deposited one SC No. 20/1 10/15 motorcycle no. DL8SB1405and one black colour bag. On the same day, one sealed pullanda of dagger like knife, RC of motorcycle no. DL8SAF3649, one purse containing Rs. 100/, one driving licence in the name of Rahul and NDPL Icard in the name of Rahul were also deposited. On 25/08/2006, ASI Ranbir deposited one mobile phone of Sony Erricson, one card of big bazar, ICICI bank having name of R.D.Sharma with the then MHC(M). On 04/02/2007, as per order of Ld MM, the mobile phone, two credit cards, one debit card, one driving licence, one Icard, One RC, one purse, were given to the owner Rahul Dutt Sharma. On 30/08/06, motorcycle no DL 8SB1405 was given on superdari to Sunil Kumar son of Charan Singh, as per order of Ld MM.
PW3 has produced the order of ld. MM through which, the credit card, the mobile phone, debit card and purse were released on superdari to superdar Rahul Sharma and the undertaking of the superdar regarding receipt of Sony Ericsson mobile phone, NDPL card in the name of Rahul Dutt Sharma, driving licence, one RC bearing DL8SAF3649, two credit card, debit card in the name of R.D. Sharma and one purse. He also produced the order of ld. MM through which motorcycle no. DL8SAF3649 was released on superdari to superdar Rohit Dutt Sharma and undertaking given by Rohit Dutt Sharma. Aforesaid copy of the Ld. MM and undertaking of the superdar are collectively Ex. PW3/A. PW3 has also produced the original malkhana register in proof of the entries made by the then MHC(M) HC Satpal. Photocopy of the same are Ex. PW3/B collectively (running into three pages).
The case was registered on the statement of one Rahul on 18/08/2006. He has been examined as PW1. While deposing before the Court, he has stated that at the time of robbery robbers were wearing helmets and had covered their faces with handkerchief upto nose, so, he could not identify the accused persons before the Court as the robbers, who had committed robbery on the point of knife from him and also caused injuries to him at that time. He has stated that he could identify the SC No. 20/1 11/15 accused persons, if shown to him in helmet and having covered their faces with handkerchief upto nose.
PW1 has further deposed that after about 34 days, he was called in PS Sultan Puri and was told that his bike, purse, mobile, bag etc. were recovered, but only motorcycle was shown to him. He had identified the same. In the same month, he was also asked to identify the accused persons in the TIP and he reached at Tihar Jail. He joined the TIP, but could not identify the accused during the TIP as the persons, who were shown to him were of similar height and description.
Before the Court, during his examination, he has been able to produce his motorcycle No. DL8SAF3649 exhibited as Ex. P1 and the bag and the purse containing I/card, credit card and one debit car, which were taken on superdari, have been lost by him and the same could not be found, so, he lodged missing report at PS Begumpur vide DD no. 63B on 01/05/2011.
As this witness has not supported the case of the prosecution, so, he has been cross examined by Ld. APP, but even then, he has failed to identify the accused persons as the robbers, who had committed robbery with him.
In the cross examination, PW1 has stated that while searching the accused persons, his motorcycle was found lying abandoned near roadside and at that time, his bag was also found hanging on the motorcycle containing his purse, mobile phone and other documents i.e. identity card, debit card and credit card, but the amount of Rs. 750/ was not found in the purse. He asked the police to handover his motorcycle and the bag containing purse and documents, but they told him that same could be released on superdari only.
According to the case of the prosecution, accused Satmanu and Anoop @ Sonu were apprehended on 21/08/2006. They pointed out the place of occurrence. Motorcycle No. DL8SAF3649 was recovered from the possession of accused Anoop @ Sonu. He also got recovered one dagger like knife, purse, DL, RC, Icard etc. of the complainant on 21/08/2006. Accused Satmanu got recovered one bag SC No. 20/1 12/15 containing visiting card and debit card. Mobile was recovered from the possession of accused Dinesh on 25/08/2006. So, recovery was effected on 21/08/2006, but neither complainant has been able to produce the case property before the Court nor the photographs of the property were taken, while it was released on superdari to the complainant. So, the identity of the case property is also not proved in any manner.
PW4 Ct Jai Inder is witness to the arrest of accused Satmanu and Anoop @ Sonu and recovered effected from them. On 21/08/2006, he joined PW7 ASI Ranveer, PW5 Ct Yashbir and HC Khushi Ram. At about 5.55 p.m., two boys were apprehended on a motorcycle, who disclosed their names as Satmanu and Anoop @ Sonu. From the search of accused Satmanu, one buttondar knife was recovered. They were arrested vide memos Ex. PW4/A and Ex. PW4/B and their personal searches were conducted vide memos Ex. PW4/C and Ex. PW4/D. They made disclosure statements Ex. PW4/E and Ex. PW4/F. He had also joined the investigation further with ASI Ranveer Singh on the same day regarding recovery of certain documents, one motorcycle, one dagger etc. from the respective houses of accused Satmanu and Anoop. He has identified the dagger like knife as Ex. P2, black colour bag as Ex. P3, one currency notes of Rs. 100/ as Ex. P4. Only suggestions have been given to this witness and he could not be cross examined at length regarding the recovery effected from the accused persons from their respective houses, as deposed. There is no public witness to the recovery.
According to the case of prosecution, PW1 Rahul had joined the investigation again on 21/08/2006 and he has pointed out accused Satmanu and Anoop, who were apprehended and arrested. PW1 has not supported this fact before the Court, in any manner despite being cross examined by Ld APP. He is also not a witness to the arrest memo, personal search memo and disclosure statement of accused persons, so it seems to be doubtful whether he joined the investigation with the police on 21/08/2006 and on his pointing, accused Satmanu and Anoop were arrested.
SC No. 20/1 13/15
PW5 HC Yashbir Singh has also deposed the same facts and suggestions have been given to him in respect of the facts, as deposed by him. PW7 ASI Ranveer Singh is also a witness to the recovery effected on behalf of accused Satmanu and Anoop @ Sonu and again suggestions have been given to him.
PW6 HC Mahavir Singh along with ASI Pradhuam had arrested accused Dinesh. One mobile phone and one card of Big Bazaar of ICICI Bank were taken into possession from his possession. The case property could not be identified as the same has been lost by the superdar. According to his cross examination, there is no public witness to the recovery.
Learned defence counsel for the accused persons have contended that on one hand, according to PW1 Rahul, the motorcycle along with the bag and purse, credit card and debit card were recovered on the same day, while lying abandoned near roadside, when he accompanied the police party in search of accused persons on 18/08/2006 itself, whereas according to the depositions of the police officials, accused Satmanu and Anoop @ Sonu got recovered motorcycle, visiting card, debit card, purse, DL, I/card, RC of the motorcycle etc. on 21/08/2006 from their respective houses. Accused Anoop also got recovered one dagger like knife, so, it is doubtful whether the motorcycle and other documents of the complainant were found lying abandoned on the same day or were got recovered by accused Satmanu and Anoop @ Sonu on 21/08/2006 in furtherance of their disclosure statements from their respective houses.
It is further contended that similarly, accused Dinesh got recovered mobile phone on 25/08/2006. The same could also not be produced before the Court. PW1 Rahul has stated that when the motorcycle and bag were found lying abandoned on 18/08/2006, mobile phone was also there, so, the recovery of mobile phone from the possession of accused Dinesh is doubtful and the police officials are not inspiring any confidence. There is no public witness to the recovery nor complainant was called to join the proceedings. Even case property could not be produced before the Court SC No. 20/1 14/15 during examination of the witnesses nor the photographs of the same were taken on record at the time of releasing the case property on superdari to the complainant, so, the prosecution has not been able to prove its case in any manner.
In view of the above discussion, the contentions of Ld defence counsels are forceful. PW1 has not been able to identify all the three accused persons before the Court as the same, who had committed robbery with him on the point of knife and also stabbed him and further there is contradiction about the recovery of motorcycle and other articles from the possession of accused persons or were found lying abandoned during the search of the accused persons, so neither the fact of robbery nor the factum of recovery of articles from the possession of accused persons have been proved in any manner. Accordingly, accused Satmanu is acquitted u/s 411 of IPC. Accused Anoop is acquitted for the offence u/s 397 of IPC, u/s. 411 of IPC and u/s. 394/34 of IPC and 27 of Arms Act and accused Dinesh is also acquitted for the offence u/s 411 of IPC and u/s 394/34 of IPC.
Announced in the open Court
Today on 23rd of September 2014 ( Virender Kumar Goyal)
Additional Sessions Judge,
Fast Track Court,
Rohini/Delhi
SC No. 20/1 15/15