Delhi District Court
State vs Md Raja @ Arsh on 3 August, 2024
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS-02,
NORTH EAST DISTRICT, KARKARDOOMA COURTS, DELHI
PRESIDED BY: SH. VIPUL SANDWAR
JUDGEMENT
STATE Vs. MOHD. RAJA @ ARSH e-FIR NO. : 536/2020, U/s 379/411 IPC PS : New Usmanpur A. CIS No. of the Case : 2402/2021 B. e-FIR No. : 536/2020 C. Date of Institution : 08.09.2021 D. Date of Commission of Offence : 30.08.2020 E. Name of the complainant : Ram Prakash S/o Kali Charan, R/o 6, Gali no.1, Datta Ram Park, Deenpur, Najafgarh, Delhi F. Name of the Accused, his : Mohd. Raja @ Arsh S/o Parentage & Addresses Kasim Mohd., R/o D-16, Gali no.14, Chauhan Bangar, Near Usmanpur, Delhi G. Representation on behalf of : Ms. Amandeep Kaur, Ld. State APP.
H. Offence complained of : U/s 379/411 IPC I. Plea of the Accused : Pleaded not guilty and claimed trial.
J. Order reserved on : 18.07.2024
K. Date of Order : 03.08.2024
L. Final Order : Acquitted
e-FIR No.536/20 State vs. Mohd. Raja @ Arsh PS New Usmanpur Page No.1 of 5
Brief Statement of Reasons for Decision of the Case
1. Briefly stated the case of the prosecution is that the present FIR has been registered by the complainant Ram Prakash wherein he has stated that on 16.08.2020 at about 06:00 am his mobile phone Redmi Note 8 Pro, another mobile Redmi Y2 and purse having ₹9,000/- kept in a bag was taken by some unknown person when he was in the gali while visiting his relative.He got the present e-FIR registered. Accused was charge-sheeted for offence punishable under Section 379/411 IPC.
2. FIR was registered and has been investigated by the officials of Police Station New Usmanpur and IO/ASI Sudesh Pal filed the charge sheet against the accused upon which cognizance was taken on 08.09.2021 by Ld. Predecessor of this Court.
3. Accused appeared before the Court and copy of chargesheet along with other documents under Section 207 Cr.P.C. was supplied to him.
4. Charge was framed vide order dated 16.03.2023 for the offence punishable Under Section 411 of the IPC against accused by this Court, to which, the accused pleaded not guilty and claimed trial.
5. Summons were issued to the complainant on 16.03.2023, however, he did not appear despite service. Summons were again issued to him through DCP concerned vide order dated 01.07.2023 which could not be served. Accordingly, vide order dated 17.11.2023 complainant was dropped from the list of e-FIR No.536/20 State vs. Mohd. Raja @ Arsh PS New Usmanpur Page No.2 of 5 witnesses. The prosecution examined PW HC Arvind as prosecution witness and the remaining witnesses were dropped vide order dated 06.03.2024. The brief testimony of the PW HC Arvind is as follows:
(i) PW1 HC Arvind on 30.08.2020 he accompanied ASI Sudesh Pal and reached at the spot i.e. third pushta , Usmanpur where public persons informed that one person standing at 3½ pushta was having mobile phone which was stolen in the present case.
They reached there and the person was apprehended. On inquiry he disclosed his name as Mohd. Raja. IO conducted his personal search and found him in possession of one mobile phone make Redmi. The mobile phone was seized by the IO. Since no proper photographs of the mobile phone were available on record the witness could not identify the case property through photographs. In his cross examination by Ld. counsel for accused he has stated that he had not made any departure entry on his own. They left the PS at about 10:00 am. He had not met with the secret informer. He alongwith ASI Sudesh Pal apprehended the accused. They reached at the spot at about 11:00 am and remained there for about 45 minutes. He denied the suggestion that the accused was called to the PS and was arrested.
6. PE was closed on 06.03.2024 and on 18.07.2024 statement of accused under section 313 Cr. PC read with section 281 Cr. PC was recorded. Accused did not wish to lead DE.
7. Final arguments heard. Case record perused meticulously.
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8. This Court has thoughtfully considered the material on record and arguments advanced with due circumspection.
9. The prosecution has charged accused Mohd. Raja @ Arsh for offence punishable under section 411 IPC. It reads as follows:
"411. Dishonestly receiving stolen property.-- Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both."
10. The essential ingredients which the Prosecution is required to prove to establish the guilt of accused beyond reasonable doubt for offence punishable under Section 411 IPC are as under :
(i) That the property in question was stolen property;
(ii) That the stolen property was in the possession of the accused;
(iii) That it was dishonestly received or retained; and
(iv) The accused knew or had reason to believe that the, property was stolen property.
11. The prosecution has to lead clear and cogent evidence which proving the factum of the recovery of stolen mobile phones and wallet as well as the factum of recovered property, being stolen property.
12. In a criminal case, the burden of proving the allegations is on the prosecution beyond reasonable doubt. Moreover, there is a presumption of innocence in favour of the accused. In the present e-FIR No.536/20 State vs. Mohd. Raja @ Arsh PS New Usmanpur Page No.4 of 5 case, complainant has not been examined as a witness by the prosecution as his presence could not be secured. The identity of the accused committing the offence has not been established. The ownership of the stolen mobile phones and the wallet has not been proved. There is nothing incriminating to link the accused with the offence. The remaining witnesses being formal in nature were not examined by this Court in the absence of the complainant.
13. Thus, in view of the above discussion, in the absence of the complainant, the prosecution has not been able to establish beyond reasonable doubt that offence punishable under section 411 IPC has been committed, therefore, accused Mohd. Raja @ Arsh is found not guilty in the present case and resultantly, he stands acquitted in the present case.
14. Accused is directed furnish bail bond and surety bond in the sum of ₹10,000/- u/s 437A Cr.P.C and directed to be present before the Ld. Appellate Court as and when directed.
Digitally signed by VIPUL VIPUL SANDWAR
SANDWAR Date:
2024.08.03
16:35:59 +0530
Announced in the open (VIPUL SANDWAR)
Court on 03rd August, 2024 MM-02/NE/KKD COURTS
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