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Delhi District Court

State vs . Abdul Raheem Etc. on 25 April, 2013

                  IN THE COURT OF NAMRITA AGGARWAL
                  METROPOLITAN MAGISTRATE - 11 (SE),
                            SAKET COURTS, NEW DELHI.


State Vs. Abdul Raheem etc.
FIR No.      220/2004
P. S.        H.N. Din 
U/s.         411/380/451/34  IPC

JUDGMENT:

1. Srl. No. of the case                 :    583/1

2. Date of institution                  :    07.07.2004

3. Date of commission of offence        :    15.04.2004 

4. Name of the complainant              :    Sh. Manmohan, 
                                             S/o Late Sh. Chunni Lal 
                                             R/o C­47, Jangpura Extension, 
                                             New Delhi.

5. Name of the accused                  :    1) Sh. Abdul Raheem 
                                             S/o Sh. Abdul Hussain, 
                                             R/o Jhuggi No.4, 
                                             Near Balimiki Mandir, 
                                             Jhuggi D.B.S. Camp, Jangpura, 
                                             New Delhi.

                                             2) Sh. Ijaz Ahmed 
                                             (already convicted)
                                             S/o Sh. Jameel Ahmad, 
                                             R/oB­49, Sangam Park, 
                                             Rana Paratap Bag, Delhi­07     


PS: H. N. Din
                                                        3) Sh. Shabzad 
                                                       (already convicted)
                                                       S/o Sh. Nazir Ahmed, 
                                                       R/o B­260/92, Gali No.8, 
                                                       Madanpur Khadar Vistar, 
                                                       New Delhi. 

6. Nature of offence complained of             :       U/s 411/380/451/34  IPC

7. Date reserved for order                     :       25.04.2013

8. Final Order                                 :      Convicted u/s 411// IPC

9.Date  of such order                          :       25.04.2013.


BRIEF FACTS OF THE CASE:

1. Accused Abdul Raheem, Ijaz Ahmed (already convicted) and Shahzad (already convicted) were charged u/s 411/380/451/34 IPC, to which they pleaded not guilty and claimed trial.

2. The case of the prosecution is that on 13.05.2004 at the places mentioned in seizure memo mark A,B, C and D within the jurisdiction of this court, all the accused persons were found in possession of one stolen speaker make soni, one mobile phone make Nokia 2300, one mobile phone make Nokia colour sky blue containing sim card No.9810927226 and Rs. 500/­ in denomination of Rs.100 x 5 which they had stolen or had reason to believe the same to be stolen property. On 15.04.2004 between 03.00 a.m. to 06.00 a.m. at C­47, Second Floor, Jangpura, Extention, New Delhi, all PS: H. N. Din the accused persons in furtherance of their common intention dishonestly removed one soni stereo, two speaker, one VCR, one VCD play station, two Nokia mobiles, one Samsung mobile, twenty film cassettes and 15 CDs from the house of the complainant Sh. Manmohan Talwar without his consent or permission and thereby committed offence u/s 411/380/451/34 IPC. On receipt of information police started the investigation.

3. FIR in question, was lodged on the complaint of complainant Sh. Manmohan Talwar. After doing aforesaid investigation charge sheet U/s 173(2) Cr.P.C was filed by the concerned IO against the accused.

4. After finding prima facie case against the accused persons, summons were issued against them the court. Subsequently, charge u/s 411/380/451/34 IPC was framed, to which accused persons pleaded not guilty and claimed trial and case was subsequently fixed for PE.

5. Prosecution examined one witness in its support. PW­1 i.e. the complainant Manmohan Talwar stated that on 15.04.2004 at about 08.30 a.m. he came to know that theft has been committed in his house. On checking he found two mobiles, stereo deck, VCD adn brass decoration pieces, speakers and 20 cassettes and 15 CDs. He made a complaint Ex.PW­1/A to the police. Site plan Ex.PW­1/B was prepared at the instance of the complainant.

PS: H. N. Din

6. At this stage, I have examined accused Abdul Raheem u/s 313 (1) (a) Cr.P.C. and recorded his statement, wherein he has admitted his guilt voluntarily.

7. Keeping in mind the discussion made above, accused Abdul Raheem is convicted for the offence u/s 411/380/451/34 IPC. Announced in open court ( NAMRITA AGGARWAL ) today i.e. 25.04.2013 MM­11/SE/Saket Courts, New Delhi PS: H. N. Din FIR No:220/2004 PS: H.N. Din U/s 411/380/451/34 IPC 25.04.2013 ORDER ON SENTENCE Present: Ld. APP for the State.

Convict with counsel.

Argument on the point of sentence heard. It is stated by Ld. Counsel for the convict that convict is first time offender and he has a family to support. He remained in J/C in the present case.

Ld. APP for the State has argued that strict punishment shall be given to the convict.

Keeping in view the facts and circumstances, convict is sentenced to fine of Rs.1000/- and imprisonment for the period already undergone for the offence u/s 380 IPC, Rs.500/- for the offence u/s 411 IPC, Rs. 500/- and period already undergone for the offence u/s 451 IPC. Total fine Rs. 2,000/- paid.

(NAMRITA AGGARWAL) MM-11/SE/ND/25.04.2013 PS: H. N. Din FIR No.220/2004 PS: H.N. Din U/s 411/380/451/34 IPC 25.04.2013 Present: Ld. APP for the State.

Accused with counsel.

At this stage, statement of accused is recorded separately. Vide my separate judgment pronounced in the court today, accused is convicted for the offence u/s 411/380/451/34 IPC. Order on sentence pronounced separately. The case property be released to the rightful owner against receipt.

File be consigned to record room after necessary compliance.

(NAMRITA AGGARWAL) MM-11/SE/ND/25.04.2013 PS: H. N. Din