Delhi District Court
State vs . Dilshad Ali on 20 November, 2013
IN THE COURT OF SH. GAGANDEEP SINGH
METROPOLITAN MAGISTRATE, DELHI
FIR NO: 432/05
U/S: 411 IPC
P.S: TIMAR PUR
STATE VS. DILSHAD ALI
:JUDGMENT:
Sl. No. of the case 174/2
Date of commission of offence 19.08.2005
Name of the complainant Sh. Anand Kumar
Wadhwa
S/o Sh. Sukhdesh
Wadhwa R/o H. No. 26,
Block A, Sector 2, Vaishalli
Ghaziabad, UP.
Name, parentage and address Dilshad Ali
of the accused. S/o Sh. Isamuddin
R/o Gali No. 5, Islam
Nagar, Ghaziabad, UP.
Offence complained off U/s 411 IPC
FIR No. 432/05 1/6
STATE VS. DILSHAD ALI
Plea of accused Pleaded not guilty
Final order Acquitted
Date of order 20.11.2013
Date of final arguments heard 20.11.2013
BRIEF FACTS AND REASONS FOR DECISION :
1. The story of the prosecution facts in brief is that on 27.08.2005 at about 10.15 pm opposite Santa Nagar Liquor Vend, Burari Road, Delhi within the jurisdiction of Police Station Timar Pur the accused was found in possession of stolen scooter bearing No. RJ07M5841. He was booked in a Kallandra u/s 103 of D P Act. Thereafter the FIR was registered on 14.09.2005 u/s 411 IPC on the statement of complainant Anand Kumar Wadhwa. He alleged that his scooter was stolen on 19.08.2005 from the area of Vaishalli Ghaziabad. The accused was thereby booked for the offence punishable u/s 411 of IPC.
2. That after completion of investigation the challan against the accused was filed on 31.08.2005 and accused was summoned. The offence u/s 103 of D P Act was dropped by the order of the Court dated 19.11.2007. The charge was framed against the accused Dilshad Ali on 14.12.2009 to which he pleaded not guilty and claimed trial.
FIR No. 432/05 2/6STATE VS. DILSHAD ALI
3. That in order to prove their case the prosecution has examined only two witnesses in the present case.
4. The PW1 Ct. Yash Kumar has deposed that on 14.09.2005 he had joined investigation in the present case with IO ASI Balbir Singh. On that day one Anand Kumar Wadhwa had come to the Police Post and had made a complaint regarding theft of his scooter bearing No. RJ07M5841 and he also produced one copy of the complaint made by him at Police Station Indira Puram regarding theft. IO recorded the statement of Mr. Anand Kumar Wadhwa and prepared a rukka. The rukka was handed over to him. He got the case registered. His statement was recorded by the IO.
5. The PW2 SI Balbir Singh has deposed that on 27.08.2005 he was alongwith Ct. Saleem were on patrolling duty. At about 10.15 pm when they reached near liquor vend Sant Nagar Burari Road, one secret information met them and told him that the person who was coming from the nala side having a stolen scooter. Accordingly, at the pointing out at the secret informer, he alongwith Ct. Saleem stopped the aforesaid scooterist and asked for his papers but the scooterist could not produce any valid documents or give any satisfactory answer. The scooter was having registration number RJ07M5841. The aforesaid scooter was taken into police possession and seized vide seizure memo Ex. PW2/A. He prepared the Kallandra u/s 103 of DP Act which is Ex. PW2/B. The accused was arrested vide arrest memo Ex. PW2/C. The personal search of accused was got conducted FIR No. 432/05 3/6 STATE VS. DILSHAD ALI vide memo Ex. PW2/D. The aforesaid scooter was taken to the Police Station Timar Pur and deposited at the Malkhana and accused was produced before the court. On inquiry the ownership of the scooter was found in the name of Anand Kumar Wadhwa. Anand Kumar Wadhwa was served with notice. Accordingly, he came to Police Post Burari. He recorded his statement and prepared the rukka on the basis of it which is Ex. PW2/E and same was handed over to Ct. Yash Kumar. He got the case registered. Thereafter he prepared the site plan which is Ex. PW2/F. He recorded the statements of other witnesses. The DD No. 33 is mark 2A. The copy of the complaint given by Anand Kumar Wadhwa to Police Station Indirapura Ghaziabad is mark 2B. The aforesaid scooter was released on superdari, the copy of the same is mark 2C. Thereafter he got transferred and he handed over the case file to the MHC(R).
6. That on 14.01.2013 the prosecution evidence was closed as the complainant/star witness Sh. Anand Kumar Wadhwa was not traceable as per the report of the IO and no other eye witness was cited for proving the allegations against the accused. That on 29.05.2013 after conclusion of prosecution evidence the statement of accused namely Dilshad Ali u/s 281 Cr. PC was recorded. Accused denied all the allegations which has been levelled against him. The defence evidence was not led by the accused.
7. I have heard the Ld. APP for the State, Ld. counsel for accused and gone through the record.
FIR No. 432/05 4/6STATE VS. DILSHAD ALI
8. The only charge which has been levelled against the accused is that of being found in possession stolen scooter bearing No. RJ07M5841 belonging to complainant Sh. Anand Kumar Wadhwa. Thus the prosecution was firstly required to prove that the scooter in question was stolen. The material witness/complainant in the present case was PW Sh. Anand Kumar Wadhwa who was not traceable. Hence his testimony could not be got recorded. Therefore the first ingredient of the offence of being scooter being stolen property has remained unproved. The other remaining witnesses cited and examined by the prosecution were formal police witnesses only. The testimonies of said witnesses are of no use for proving the incident dated 19.08.2005. The statement of the complainant as well as his complaint have thus remained unproved.
9. In view of the above stated reasons, I am of considered opinion that prosecution has failed to discharge its burden of proving its case beyond reasonable doubt and and there is no evidence on record to connect the charges levelled against the accused. The benefit for the same has to be given to the accused. In view of the same, accused Dilshad Ali is acquitted u/s 411 IPC. Bail bond and surety bond stands discharged.
(Announced in the open court)
Dated: 20.11.2013 (GAGANDEEP SINGH)
MM07/CENTRAL
TIS HAZARI : DELHI
FIR No. 432/05 5/6
STATE VS. DILSHAD ALI
CC/FIR No. 432/05
P.S. TIMAR PUR
STATE VS. DILSHAD ALI
20.11.2013
Present: Ld. APP Sh. M A Khan for the State.
Accused Dilshad Ali in person on bail.
Final arguments heard.
Vide my separate detailed judgment of the even date the accused Dilshad Ali is acquitted for the offence u/s 411 of IPC. Accused wishes to adopt bail bond and surety bond. Previous bail bond and surety bond stands adopted for the purpose of Section 437A of Cr.PC. They shall remain valid for period of six months from today. Original documents returned as per rules.
File be consigned to Record Room.
(GAGANDEEP SINGH) MM07/CENTRAL/DELHI 20.11.2013 FIR No. 432/05 6/6 STATE VS. DILSHAD ALI