Delhi District Court
State vs Azad @Tahir 2Kurban @Lal Babu on 7 February, 2025
IN THE COURT OF MS. KRITIKA JAIN, JMFC-03, SOUTH WEST
DISTRICT, DWARKA COURTS,
NEW DELHI
Cr. Case No. 15539/2019
STATE Vs. AZAD @ TAHIR
FIR No. 538/2019
PS (Bindapur)
State Vs. Azad @ Tahir
(a) CNR No. DLSW02-045905-2019
(b) The name of complainant Kamlesh Chaudhary
(c) The name of accused 1. Azad @ Tahir @ Kurban @
Lal Babu S/o Mohd. Ibrahim
and
2. Sarfraj @ Firoz S/o Mohd.
Jafar (proceedings abated).
(d) The offence complained of Sections 356/379/511/34 IPC
(e) The plea of the accused Not guilty
(f) The final order Conviction
(g) Ld. APP for the State Sh. Manish Kaushik
(h) Date of institution 03.09.2019
(i) The date of judgment 07.02.2025
JUDGMENT
1. The present complaint is filed by the complainant against the accused persons, wherein, it is stated that on 12.07.2019 at about 9.30 PM at Gali No. 3, Vijay Vihar, Uttam Nagar, New Delhi, accused persons used criminal force and tried to snatch bangles of the complainant.
Cr. Case No. 15539/2019 STATE Vs. AZAD @ TAHIR Page NO. 1 of 8 FIR No. 538/2019PS (Bindapur)
2. On the aforesaid complaint, FIR under Sections 356/379/511/34 Indian Penal Code (hereinafter referred to as IPC) against the accused persons was registered and investigation was conducted by IO ASI Suresh Kumar.
3. After completion of investigation, the investigating officer filed the charge sheet in Court under sections 356/379/511/34 IPC against both the accused persons.
4. After taking cognizance on 03.09.2019, summons were issued against the accused persons by the court. Arguments were heard on charge, thereafter, considering all the facts and circumstances of the instant matter, both accused persons were charged under Section 356/379/511/34 IPC, to which they pleaded not guilty and claimed to be on trial.
5. Case was subsequently fixed for prosecution evidence. Thereafter, vide order dt. 15.09.2023, proceedings qua accused Sarfaraz @ Firoz was abated.
6. To prove its case, the prosecution examined six witnesses.
7. PW-1 Smt. Kamlesh Chaudhary,, W/o Late Sh. Gajender Singh, Age: 59 Years, R/o House no. 36 A, Gali no. 3, Vijay Vihar, Uttam Nagar, New Delhi deposed in her examination in chief that she has been residing at the aforesaid address alongwith her family. The incident in question occurred on 12.07.2019 at about 09:30 pm and that time she was walking in the street after having dinner. Two boys came from behind and one of the boy choked her and another boy tried to remove her bangles/kara from her hand. Upon this she raised voice for help and they flee from there however both the accused person were apprehended by the public persons and given severe beatings to them. Someone made 100 no call and police officials reached at the spot. Her complaint to the police officials is EX-PW1/A and bears her signature at point A. Witness had correctly identified the accused persons.
Cr. Case No. 15539/2019 STATE Vs. AZAD @ TAHIR Page NO. 2 of 8 FIR No. 538/2019PS (Bindapur)
8. PW2 i.e. Vineet Kumar S/o late Sh. Bijender Singh, R/o House No. 36A, Gali no. 3, Vijay Vihar, Uttam Nagar, New Delhi had deposed in his examination in chief that on 12.07.2019, he was present at his aforementioned house. On that day his mother had gone for a walk outside the house after dinner. At about 9.30 pm he heard noises from the street, he came outside the house and saw that public persons had apprehended two boys and his mother was sitting nearby. He asked his mother about the incident and she told him that those two boys tried to steal her Karas/bangles. He dialed 100 number and after sometime police reached the spot. Thereafter, the witness stated that he cannot identify the accused persons as it was dark when the incident took place.
On being cross examined by Id. APP for the State, statement u/s 161 Cr.PC read over to the witness in vernacular language, the same is Mark A. Witness correctly identified the accused persons. He admitted that upon asking by police officials, accused persons disclosed their names Tahir @ Azad S/o Mohd Ibrahim Rio Jhuggi Naraina Subji Mandi, Delhi and Sarfaraz S/o Mohd. Jabhar R/o Jhuggi Naraina, Loha Mandi, Delhi. He also admitted that police official took the accused persons to the PS and that on the statement of his mother Smt. Kamlesh Choudhary, police official registered a case against accused persons.
9. PW-3 Ct. Bhanu Pratap No. 1017/DW, PS Sec-23, Dwarka, New Delhi deposed in his examination in chief that he was posted at PS Bindapur as Ct. On 13.07.19, he was on emergency duty alongwtih ASI Suresh Kumar. On receiving of DD no. 178 A, he alongwith ASI Suresh Kumar reached at the spot le Gali no.3, Vijay Vihar, Uttam Nagar where they met with complainant Kamlesh Choudhary. She produced two apprehended persons before them (1) Cr. Case No. 15539/2019 STATE Vs. AZAD @ TAHIR Page NO. 3 of 8 FIR No. 538/2019 PS (Bindapur) Tahir @ Azad S/o Mohd. Ibrahim and (2) Sarfaraz S/o Mohd. Jabhar and she was nervous and said that she would give her statement later. They took both the accused person in PCR van at DDU hospital where accused persons got their treatment. IO recorded statement of complainant. IO recorded disclosure statement of both accused persons vide ExPW3/A & ExPW3/B and bearing his signature at point A respectively. IO arrested both the accused persons vide memo ExPW3/C & ExPW3/D and bearing his signature at point A respectively. He also conducted personal search of accused vide memo ExPW3/E & ExPW3/F and bearing his signature at point A respectively. IO recorded his statement U/s 161 CrPC. Accused persons were correctly identified by the witness.
10. PW-4 Dr. Raj Kumar Singh, B.M.Gupta (private) Hospital, Arya Samaj Road deposed in his examination in chief that he was deputed by the management of the hospital to depose on behalf of Dr. B.M.Gupta. He had worked with him and recognize his handwriting and signature. The MLC No 791/19 of Smt. Kamlesh was prepared by Dr. B.M.Gupta. The above said MLC is ExPW4/A & bearing the signature of Dr.B.M.Gupta at point A.
11. PW5 ASI Suresh Kumar no. 3066/DW PS Dwarka South deposed in his examination in chief that he was posted at PS Bindapur as ASI. On 12.07.19, Upon receipt of DD no. 178A he alongwith Ct Bhanu Pratap reached at the spot i.e. Gali no.3, Vijay Vihar, Uttam Nagar, where they met complainant Smt. Kamlesh Choudhary who produced two apprehended boys before us (1) Tahir @ Azad s/o Md Ibrahim and (2) Sarfaraz s/o Md. Jabhar. Complainant had was nervous and said that she would give her statement later. He sent both the accused at DDU hospital through Ct Bhanu Pratap in PCR where they got their treatment. Meanwhile, complainant got her medical Cr. Case No. 15539/2019 STATE Vs. AZAD @ TAHIR Page NO. 4 of 8 FIR No. 538/2019 PS (Bindapur) examination done from BM Gupta Hospital. He visited at the house of complainant and recorded statement of complainant already Ex. PW1/A and bearing his signature at point A. He prepared tehrir Ex. PW5/A and bearing his signature at point A and produced tehrir with DO of PS Bindapur and got the FIR registered. He prepared site plan at the instances of complainant Ex. PW5/B and bearing his signature at point A. He arrested and conducted personal search of accused persons vide memo already Ex. PW3/C to PW3/F and bearing his signature at point B respectively. He also recorded disclosure statement of accused persons vide memo Ex. PW3/A and PW3/B and bearing his signature at point B respectively. Accused were sent to lockup of PS and on the next day they were produced before the court from where they were sent to JC. He also recorded statement of Vinit Kumar and other witnesses u/s 161 CrPC. Accused Azad @ Tahir @ Kurbhan @ Lalbabu was correctly identified by the witness.
12. PW-6 Sh. Deshraj, Record Clerk of DDU Hospital, Hari Nagar, Delhi deposed in his examination in chief that he was deputed by the management of the hospital to depose on behalf of Dr. Mehandi Lal Aman. He had worked with him and recognize his handwriting and signature and currently he has left the services of the hospital and his whereabout are not known. The MLC No 6277/2019 of patient Sarfaraz and MLC 6278/2019 of patient Azad were prepared by Dr. Mehandi Lal Aman under supervision of Dr. Sandeep, CMO. Same are ExPW6/A & ExPW6/B and bearing signatures of Dr. Mehandi Lal Aman at point A respectively.
13. Thereafter, vide order dt. 24.11.2023, accused admitted the FIR No. 538/19, DD No. 178A and 172A both dt. 12.07.2019 under Section 294 CrPC which Cr. Case No. 15539/2019 STATE Vs. AZAD @ TAHIR Page NO. 5 of 8 FIR No. 538/2019 PS (Bindapur) was Ex. A-1 to Ex. A-3 respectively and with that, examination of the concerned witnesses i.e. witnesses at sl. no. 6 and 7 was dispensed with.
Statement of accused under Section 313 CrPC
14. On culmination of prosecution evidence, the accused was examined under Section 313 Cr. P.C. wherein he denied all the incriminating evidence led by the prosecution and stated that he is innocent and had been falsely implicated in the present matter. Accused stated that he does not wish to lead DE.
Legal Provisions
15. To prove its case, the prosecution has to prove beyond all reasonable doubt that the accused had done the offences for which he is charged with.
16. Thereafter, matter was fixed for final arguments. Final arguments in the present case were heard. I have heard the submissions addressed by the Learned APP for state and the Ld. Counsel for the accused persons and carefully perused the documents on record.
17. The Ld. counsel for accused persons has submitted that they have been falsely implicated and are innocent.
18. Let us first discuss the relevant provisions of law for the purpose of the present case. The essential ingredients to prove an offence under Section 379 IPC as follows:-
(i) Accused had taken the movable property dishonestly
(ii)Property was taken out of the possession of complainant
(iii) Property was taken out without consent of complainant Cr. Case No. 15539/2019 STATE Vs. AZAD @ TAHIR Page NO. 6 of 8 FIR No. 538/2019 PS (Bindapur)
(iv) The property was moved to such taking.
19. Section 356 IPC prescribed punishment for Assault or Criminal Force used in attempt to Commit theft of a property carried by a person. The essential ingredients to bring the act of an accused within the purview of Section 356 IPC are :-
(i) Use of Assault/criminal force by the accused.
(ii) Such Assault/criminal force was used against the person whose property is being stolen.
(iii) Such Assault/Criminal force was used in an attempt to commit theft of a property being worn/carried by such person.
20. In the case at hand, the testimony of PW-1 has remained intact and corroborative of all the material facts. Complainant has correctly identified the accused persons who came from behind and one choked her and the other tried to remove her bangles. Thereafter, accused persons were apprehended by public persons at the spot of the incident. The statement of the complainant has stood the test of time. The accused during cross examination has not been able to call into question the veracity of the statement or impute any motive for giving a false narrative. The court does not see any reason to disbelieve the testimony of PW-1.
21. Further DD No. 172A and 178A proves the occurrence of the incident and they were apprehended from the spot, therefore all the ingredients of the provisions stand satisfied. In view of the above discussion, the court is of the view that the prosecution has successfully proved its case against accused Azad. Hence, the accused persons are held guilty of the offence punishable u/s 356 & 379 IPC for attempting to snatch bangles of the complainant. Accordingly, the accused Azad @ Tahir @ Kurban @ Lal Babu S/o Mohd.
Cr. Case No. 15539/2019 STATE Vs. AZAD @ TAHIR Page NO. 7 of 8 FIR No. 538/2019PS (Bindapur) Ibrahim stands convicted for offence under Section 356 / 379 and 511 Indian Penal Code.
Digitally
signed by
KRITIKA KRITIKA JAIN
Announced in the Open Court JAIN
Date:
2025.02.07
17:38:50
On February 07th 2025 +0530
Kritika Jain
JMFC-03
South West District, Dwarka Courts, New Delhi, 07.02.2025 Certified that this judgment contains 8 pages and each page bears my signatures.
Digitally signed
KRITIKA by KRITIKA JAIN
JAIN Date: 2025.02.07
17:38:55 +0530
Kritika Jain
JMFC-03
South West District, Dwarka Courts, New Delhi, 07.02.2025 Cr. Case No. 15539/2019 STATE Vs. AZAD @ TAHIR Page NO. 8 of 8 FIR No. 538/2019 PS (Bindapur)