Delhi District Court
State vs . Mohd. Tahir on 12 May, 2009
FIR No. 390/05
P.S.: Chandni Mahal
U/S: 431 IPC
IN THE COURT OF SH. SIDHARTH MATHUR: METROPOLITAN
MAGISTRATE : CENTRAL - 02, DELHI
State Vs. Mohd. Tahir
FIR No: 390/05
P.S. : Chandni Mahal
Date of institution of case : 17.11.2005
Date on which case reserved : 12.05.2009
for judgment
Date of judgment : 12.05.2009
JUDGMENT U/S 355
Cr.P.C
.:
a) Date of offence : 17.11.2005
b) Offence complained of : U/S 431 IPC
c) Name of accused, his : Mohd. Tahir S/o Mohd.
parentage & residence Islamuddin R/o 3180, Phatak
Teliyan, Turkman Gate, Delhi.
d) Plea of accused : Guilty pleaded.
e) Final order : Accused is convicted.
BRIEF FACTS AND REASONS FOR DECISION:
1. This judgment of mine shall finally decide the criminal case pending 12.05.2009 1 of 4 Pages FIR No. 390/05 P.S.: Chandni Mahal U/S: 431 IPC against the accused in the form of FIR No. 390/05, P.S. Chandni Mahal under Section 431 IPC. The facts leading to the lodging of the present FIR are on the lines that the accused Mohd. Tahir S/o Mohd. Islamuddin was found committing mischief on the public road on 17.11.2005 at about 8.30 p.m. at Shop No. 3188, in front of Phatak Teliyan, Delhi by breaking old refrigerators, which caused the public road inaccessable for travelling / conveying property. The accused was accordingly booked under Section 431 IPC.
After the arrest of the accused, the necessary formalities were completed and investigation was initiated. After the completion of investigation charge sheet under Section 431 IPC was filed against the accused on 07.03.2006 in the presence of the accused & on the same date, the compliance of section 207 Cr. P.C was done and thereafter on 03.06.2006, on the perusal of the challan and annexing documents, charge under Section 431 IPC was framed against the accused to which the accused pleaded "Not Guilty" and claimed trial. However, during the course of proceedings in the court today, the accused expressed his intention to plead guilty praying for a lenient view on the sentence which might be imparted by the court. The accused has been narrated about the consequences of pleading guilty, despite which, the accused is adamant to plead guilty. Henceforth, the plea of guilt of the accused wherein he has confessed his crime charged against him, has been recorded separately, which statement is accepted by the court since the same being voluntary and without any force, coercion or misconception whatsoever.
Since the accused has admitted his guilt by way of plea of guilt recorded separately, there is no need to delve on to proceed with the trial, which might be a unnecessary formality in the light of the confession made by the accused 12.05.2009 2 of 4 Pages FIR No. 390/05 P.S.: Chandni Mahal U/S: 431 IPC in the court. Henceforth, instead of proceeding with the trial, I shall proceed on to pronounce the fate of the accused in the light of the charge framed against him. CONCLUSION Since the accused has admitted his crime and admitted the offence charged against him was committed by him, the accused is convicted under Section 431 IPC.
I have heard the accused on the point of sentence. The accused appears to be a man of around 32 years, who has submitted before the court he has been earning his bread & butter by doing the job of repairing of air conditioners. The accused further submits that he has to look after his, mother, wife & 3 children of tender age and further states that he is expressing remorse over his conduct in question, whereby the FIR was lodged against him and further submits that he shall never repeat any such activity in future. Keeping in view the age of the accused, his zeal to reform himself, enough ordeal of trial faced by the accused since the lodging of the case and the petty nature of the offence charged against the accused, the accused is sentenced till the rising of the court alongwith fine of Rs. 500/. The accused shall suffer S.I. of 2 days, in case he defaults in depositing the fine. Fine deposited.
In view of the aforementioned order passed, the file be consigned to record room after due compliance. The surety of the accused is discharged and B/B & S/B are cancelled. The original documents of the surety, if any on record, be 12.05.2009 3 of 4 Pages FIR No. 390/05 P.S.: Chandni Mahal U/S: 431 IPC released as and when so applied after cancellation of the endorsements thereupon against receipt. The confiscated case property i.e. refrigerator be released to real owner on execution of panchnama with one independent witness. The jama talashi items, if any, of the accused are directed to be released by the concerned MHC (M) against acknowledgment. Copy of this judgment be given to the accused free of cost. Ordered accordingly.
Announced in the open court on 12.05.2009 (SIDHARTH MATHUR) M.M. (CENTRAL - 02) DELHI 12.05.2009 4 of 4 Pages