Delhi District Court
State vs Ashok on 23 May, 2026
1
IN THE COURT OF SH. SYED ZISHAN ALI WARSI:
ADDITIONAL SESSIONS JUDGE - 04 :
NEW DELHI DISTRICT: PATIALA HOUSE COURT:
NEW DELHI
SC 9044/2016
STATE Vs. ASHOK
FIR No. 336/2014
PS: Vasant Kunj North
U/s. 328/379/411/34 IPC
DLND01-001741-2015
STATE VS. Ashok & Ors.
SC No. : 9044/2016
Date of offence : 04.05.2014
Accused : 1. Ashok S/o Ram Ratan R/o B-
446, Sangam Vihar, New Delhi.
(Accused Ashok declared
absconder vide order dated
08.01.2024).
State Vs. Ashok & Ors. Page no. 1 of 56
Digitally
signed by
Syed Syed
Zishan Zishan
Warsi
Ali
Ali Date:
Warsi 2026.05.23
13:25:25
+0530
2
2. Sallauddin S/o Sh. Mubarak
Hussain, R/o B-133, Kanti
Nagar, Welcome, New Delhi
(Proceedings against accused
Salauddin already abated vide
order dated 09.02.2024).
3. Rafiq S/o Shamshuddin
R/o R/o B-133, Kanti Nagar,
Welcome, New Delhi
Offence : U/s. 328/379/411/34 IPC
Plea of accused : Pleaded not guilty
Final Order : Convicted U/s 328/379/34 IPC
Date of committal : 23.06.2015
Date of arguments : 04.05.2026
Date of Judgment : 23.05.2026
JUDGMENT
1. Accused persons were committed for trial vide order dated 23.06.2015 by court of Ms. Gomati Manocha, Ld. MM-02, Patiala House Courts, New Delhi District, New Delhi. Accused Ashok declared PO vide order dated 08.01.2024 and Proceedings State Vs. Ashok & Ors. Page no. 2 of 56 Digitally signed by Syed Syed Zishan Zishan Warsi Ali Ali Date:
2026.05.23 Warsi 13:25:32 +0530 3 against accused Salauddin abated qua order dated 09.02.2024. Hence, the present judgment is only against accused Rafiq.
2. On 10.07.2015, police report under Section 173 of Cr.P.C.
was put before Sh. Raj Kapoor, ASJ-03, New Delhi District, Patiala House Courts, New Delhi with a view to put accused persons on trial.
3. Formal Charge under Section 328/379/34 IPC was framed against accused persons namely Ashok, Sallauddin and Rafiq on 11.12.2015. On the facts that on 04.05.2014 between 08.30-09.00 PM at Mahipalpur Road all accused persons in furtherance of their common intention administered to Moni Kumar and Raj Kumar certain substance with intent to commit or facilitate the commission of offence of theft on Moni Kumar and Raj Kumar and thereby committed an offence punishable u/s 328/34. Secondly, on 04.05.2014 between 08.30-09.00 PM at Mahipalpur Road all accused persons in furtherance of their common intention committed theft of mobile phone Nokia, Bag containing Rs.30,000/- cash, documents, passport, visa, CDC, STCW and purse containing ATM card, Rs.3000/- belonging to the Moni Kumar and all accused also committed theft of bag containing State Vs. Ashok & Ors. Page no. 3 of 56 Digitally Syed signed by Syed Zishan Zishan Ali Warsi Ali Date:
2026.05.23 Warsi 13:25:36 +0530 4 Rs.35,000/- cash, documents, passport, Visa, CDC, STCW and purse containing ATM card, Rs.2500/- cash and mobile phone Videocon belonging to Raj Kumar and thereby committed an offence punishable u/s 379/34 IPC.
4. Brief facts on the basis of which charge sheet was filed in the present matter are as follows :-
4.1. The case of prosecution is that on 04/05/14, ASI Kuldeep P.S Vasant Kunj North on receiving an information of dispute on PCR call vide DD No. 50 A along with Ct Rajesh reached the spot on Mahipalpur Road where no fight was found but two unknown boys were lying unconscious there. The boys were taken to the SJ hospital by ASI Kuldeep and Ct. Rajesh in CAT Ambulance. They were examined by MLCs No. 82542/14 and 82549/14. Both the boys were discharged from the hospital on 06/05/14 and complainant Moni Kumar has given his statement.
And ASI Kuldeep wrote a tehrir and filed a case u/s 328/379/34 IPC and further investigation of the case was marked to HC Hemant Kumar. In the statement of complainant Moni Kumar S/o Mast Ram Ph. no. 0981XXXXXX Age-24 years he stated that he was a resident of the Dhanota, P.O Gopalpur T. Palampur State Vs. Ashok & Ors. Page no. 4 of 56 Digitally Syed signed by Syed Zishan Zishan Ali Warsi Ali Date:
2026.05.23 Warsi 13:25:41 +0530 5 District Kangra, Himachal Pradesh and employed with the Merchant Navy. His other friend Rajkumar s/o Shri Bhagwan Singh R/o Village Gola, Thana Chamba District Chamba Himachal Pradesh also works with him in the Merchant Navy. On 4/5/14 they both has to travel to Iran vide flight at 4.40 am. They reached IGI Airport Delhi on time but they came to know that the flight would leave in the evening, they stayed at the airport till evening and in the evening they came to know that their ticket was cancelled and the same was confirmed for 06/05/14 at 04.40 am. They decided to take a room in a hotel in Mahipalpur village. They searched for a room in many hotels but found it expensive and they came back to the Main Road where they inquired about a budget friendly hotel from an auto driver. The auto driver state 'let me drop you to New Delhi. You will get budget friendly rooms there.' At that moment two boys aged about 28-30 years and were fatty in appearance, both were wearing shirt and pants and one was wearing a cap came to the auto and said that they also want a budget room and all four of them sat in that auto. The auto driver took them from Mahipalpur through some unknown route. After travelling for about 4-5 km, those boys bought a bottle of Cold drink Slice and after pouring Cold drink slices in four glasses, they gave two glasses to them State Vs. Ashok & Ors. Page no. 5 of 56 Digitally signed by Syed Syed Zishan Zishan Warsi Ali Ali Date:
2026.05.23 Warsi 13:25:44 +0530 6 and drank two glasses themselves. After drinking they started getting intoxicated and they both became unconscious. Then those boys left them in some deserted place in Vasant Kunj and took away with all their belongings, a hand bag and luggage. When they regained consciousness, they were admitted in SJ Hospital. They took their mobile phones, his Nokia-2700 no. 9557013192 and Rajkumar's phone Videocon no. 8307932557. They also took away some clothes, Rs. 30000/- cash inside their bag and luggage and his documents, Passport, Visa, CDC, STCW inside the handbag and about Rs. 30000/- inside the purse and clothes and Rs. 35000/- cash inside Rajkumar's luggage. Documents, Passport, Visa, CDC inside the bag and ATM Card, Rs. 2500 cash and his ATM Card kept inside the purse and some other documents. They took away the passport. The autodriver and those boys in the auto made them unconscious by giving them something to drink in a Cold drink (slice) and stole their stuffs. Case was registered, investigation is handed over by SHO to HC Hemant. On 11/10/14 from SPL staff vide DD No. 81B Dt. 11/10/14 Investigation of case was given to HC Vinod Kumar. On 14/10/14 SI Rajeev Bamel gave photo copy of Kalandra is 41.1(D). On 11/11/14 HC Vinod Kumar made formal arrest in the case and the inquiry was carried out and accused State Vs. Ashok & Ors. Page no. 6 of 56 Syed Digitally signed by Syed Zishan Ali Zishan Warsi Ali Date:
2026.05.23 Warsi 13:25:49 +0530 7 persons individual statements were written separately, and all the three accused were sent to J.C and statements of witnesses were written u/s 161 Cr.P.C. On 21/11/14, the case file of the case was handed over to the HC Anil Kumar for investigation, on 03/12/14, the TIP of all the three accused 1. Rafiq 2. Ashok, and
3. Sallauddin in Tihar Jail in front of Ld. MM conducted and complainant Moni, correctly identified all the three accused in the TIP. The IMEI of the mobile phone recovered in the case was matched with the IMEI of the mobile phone stolen in the case.
The mobile phone recovered was the stolen mobile phone in the case. And on enquiry about TSR DL1RL 0690, the auto was found in the name of Neeraj Kumar. Auto owner Neeraj Kumar was found who informed that he sold auto 7 years ago to Ram Rattan and after paying a few installments, he stopped paying the installments. The auto is still in his name but this auto is with Ramrattan, which is driven by his son Ashok. On the basis investigation, from the statements of witnesses, spot inspection, MLC inspection, case property and disclosure statement and TIP, enough evidence was found to file a challan against all the three accused 1. Rafiq 2. Asok and 3. Sallauddin U/s 328/379/411/34 IPC and a charge-sheet was filed.
State Vs. Ashok & Ors. Page no. 7 of 56 Digitally signed by Syed Syed Zishan Zishan Warsi Ali Ali Date:
Warsi 2026.05.23 13:25:53 +0530 8 4.2. Formal Charge under Section 328/379/34 IPC was framed against accused Ashok S/o Ram Rattan, Sallauddin S/o Mubarak Hussain and Rafiq S/o Samsuddin on 04.05.2014. On the facts that on 04.05.2014 between 08.30-09.00 pm at Mahipalpur Road, you all in furtherance of your common intention administered to Moni Kumar and Raj Kumar certain substance with intent to commit or facilitate the commission of offence of theft on Moni Kumar and Raj Kumar and you thereby committed an offence punishable u/s 328/34 IPC. Secondly, that on the aforesaid date, time and place, you all in furtherance of your common intention committed theft of mobile phone Nokia, Bag containing Rs.30,000/- cash, documents, passport, visa, CDC, STCW and purse containing ATM card, Rs.3000/- belonging to Moni Kumar and you all also committed theft of Bag containing Rs.35,000/-
cash, documents, passport, Visa, CDC, STCW and purse containing ATM card, Rs.2500/- cash and mobile phone Videocon belgoning to Raj Kumar and you thereby committed an offence punishable u/s 379/34 IPC.
4.3 On 20.04.2026, u/s 294 CrPC, Accused Rafiq has admitted the Judicial TIP proceedings conducted on 03.12.2014 vide State Vs. Ashok & Ors. Page no. 8 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:25:56 +0530 9 Ex.PW3/C and testimony of witness Sh. Satvir Singh Lamba, Link MM, PHC was dispensed with.
PROSECUTION EVIDENCE
5. The prosecution in order to prove its case has examined the following witnesses:
S. No. Name of PW Exhibit Nature of document
1. PW-1 Ex.PW1/A and MLC No. 82542 and Dr. Kamran Faisal Ex.PW1/B MLC No.82549
2. PW-2 Ex. PW2/A, Registered FIR SI Jaipal Singh Ex. PW2/B, No.336/14, Ex. PW2/C and Endorsement on Ex. PW2/D rukka, Certificate u/s 65B Indian Evidence Act, DD No.50A
3. PW-3 Ex.PW3/A, Statement, Site plan, Moni Kumar Ex.PW3/B, TIP proceedings Ex.PW3/C, Ex.PW3/D and Ex.PW3/E
4. PW-4 Ex. PW4/A, Accused persons Ct. Kamal Kishor Ex. PW4/B, Ex. Arrest memos, PW4/C, Ex. Accused persons PW4/D, Ex. disclosure memos State Vs. Ashok & Ors. Page no. 9 of 56 Digitally signed by Syed Syed Zishan Zishan Warsi Ali Ali Date:
Warsi 2026.05.23 13:25:59 +0530 10 PW4/E and Ex.
PW4/F
5. PW-5 Mark A (colly). Photocopy of HC Anil Kumar documents of auto
6. PW-6 - -
HC Hemant
7. PW-7 Mark A, Mark Photocopy of seizure ASI Ashok Kumar B, Mark C, memo of mobile (earlier HC ) Mark D, Mark phone Videocon, E, Ex. P1 and Photocopy of seizure Ex. P2 memo of TSR, Photocopy of seizure memo of medicines recovered from accused Ashok, Photocopy of seizure memo of medicines recovered from accused Raffique, Photocopy of seizure memo of medicines recovered from accused Salauddin, matchbox found to contain 13 tablets of ativin 2mg
8. PW-8 Mark PW-8/A, Photocopy of arrest Ct. Arjun Mark PW-8/B, memo of accused Mark PW-8/C, Ashok , Photocopy of Mark PW-8/A- arrest memo of State Vs. Ashok & Ors. Page no. 10 of 56 Digitally Syed signed by Syed Zishan Zishan Ali Warsi Ali Date:
2026.05.23 Warsi 13:26:02 +0530 11 1, Ex. P1 accused Rafiq, Photocopy of arrest memo of accused Salauddin, Photocopy of personal search memo of accused Ashok.
9. PW-9 - -
Ct. Rajesh Kumar
10. PW-10 Ex. PW10/A Photocopy of entry in HC Rampal malkhana register
11. PW-11 Ex. PW11/A Endorsement Retd.SI Kuldeep
12. PW-12 - -
ASI Vinod Kumar
13. PW-13 Ex. PW13/A, TSR seizure memo, Insp. Rajeev Ex. PW13/B, mobile phone make Bamal Ex. PW13/C, Videocon, arrest Ex. PW13/D, memo of accused Ex. PW13/E, Ashok, arrest memo Ex. PW13/F, of accused Rafiq, Ex. PW13/G, arrest memo of Ex. PW13/H, accused Salauddin, Ex. PW13/I, personal search Ex. PW13/J, memos of accused Ex. PW13/K, persons, disclosure Ex. PW13/L, statements of accused Ex. PW13/M, persons, Kalandra, Ex. PW13/N, DD no.4, DD State Vs. Ashok & Ors. Page no. 11 of 56 Syed Digitally signed by Syed Zishan Zishan Ali Warsi Date:
Ali 2026.05.23
13:26:05
Warsi +0530
12
Ex. PW13/O, No.22A, Copy of
Ex. PW13/P Seizure memos
and Ex.
PW13/Q,
14. CW-1 Ex. CW-1/A, Notice u/s 82 Cr.PC,
Ct. Sachin Ex. CW-1/B photocopy of affixing
and Ex. CW- copy and report on
1/C noticeboard
15. CW-1 HC Raj Ex. CW1/1, Printout of
Kapoor Ex. CW1/2 and photographs and
Ex. CW1/3 Detailed report
6. PW1 Dr. Kamran Faisal deposed that on 04.05.2014 he was working as Medical officer in Safdurjung Hosptial. He had seen the MLC No. 82542 and MLC No. 82549 both dated 04.05.2014. Both the patients were examined by Dr. Nidhi Kaeley, SR Medicine. He identify the handwriting and signatures of Dr. Nidhi Kaeley as she has worked under him.
The MLCs Ex.PW1/A and Ex.PW1/B signed by Dr. Nidhi Kaeley at point A and his signature were at point B. Both the cases were of suspected poisoning. Gastric lavage and symptomatic management was done. Witness was not cross- examined by defence despite opportunity given.
State Vs. Ashok & Ors. Page no. 12 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:26:08 +0530 13
7. PW2 SI Jaipal Singh deposed that on 06.05.2014 he was working as DO in PS Vasant Kunj (N) and his duty hours were from 04:00 PM to 12 midnight. A rukka was sent by ASI Kuldeep Singh in the PS itself on which he registered the FIR No. 336/14, computerized copy of the same is Ex.PW2/A. He has also made an endorsement on the rukka which is Ex.PW2/B. The certificate under Section 65 B of the Indian Evidence Act is Ex.PW2/C. He has also recorded DD No. 50 A dated 04.05.2014 Ex.PW2/D. Investigation of the case were handed over to HC Hemant Kumar. Witness was not cross-examined by defence despite opportunity given.
8. PW-3 Moni Kumar deposed that on 04.05.2014 he and Raj Kumar who was his colleague and they both were employed in Merchant Navy and they were to take an early morning flight at about 04:30 AM from IGI Airport. On reaching the airport it was revealed that his flight was missed. Again the flight was scheduled for 06.05.2014 thereafter, he and Raj Kumar came out of the airport. They had taken an auto to the market and when the auto reached near the Shamshan area of the Vasant Kunj. The witness has pointed towards one accused stating that he was driving the auto TSR and on asking his name it is revealed as State Vs. Ashok & Ors. Page no. 13 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:26:11 +0530 14 Ashok. The two accused persons also present before the court one was sitting with the driver and the witness has pointing out towards the accused wearing blue and black shirt in the court and on asking his name it was revealed as Salauddin and the said Salauddin was sitting with the driver and the third accused whose name was revealed as Raffique was sitting besides them in the passenger seat. The accused Salauddin who was sitting with a driver bought a cold drink Slice. The said Salauddin poured the cold drink into four glasses. Again said he had bought 5 glasses and he passed on three glasses to us in the passenger seat and retained the two in the front. He had taken only sip (Ghunt) and thereafter, he became unconscious and regained his senses after three days in Safdurjung Hospital. Police had arrived in the hospital. He and Rajkumar were carrying two hand bags and two other bags. In the luggage bag, there were two pants, two shirts, one T-shirt and in the handbag he was carrying STCW, Passport, one mobile phone make Nokia 2700, Two ATM cards, Rs. 25,000/- cash, my wallet contained my Voter Card, Aadhar Card and Rs. 2500/- cash. Rajkumar was having one mobile phone make Videocon and had contained Rs. 3000/- cash in his wallet along with one ATM card. He had not seen the number of the auto TSR which was State Vs. Ashok & Ors. Page no. 14 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:26:14 +0530 15 hired by them. He does not know the date on which he was discharged from the hospital but it was the third day. Thereafter, he had gone to the PS where his statement Ex.PW3/A was recorded and the present case was got registered. He had shown the place of occurrence to the IO on which site plan was prepared Ex.PW3/B. All the three accused persons were identified by him in the TIP proceedings in Central Jail Tihar. TIP proceedings are Ex.PW3/C, Ex.PW3/D and Ex.PW3/E signed by him at point A. 8.1 PW3 during his cross-examination by Ld. Addl. PP for the State deposed that he admits the suggestion that on reaching the airport it was revealed to them that the flight was delayed and it will depart in the evening and he and Raj Kumar stayed at the Airport till evening and in the evening their tickets were cancelled and it was revealed that the tickets have been confirmed for 06.05.2014 at 04:40 AM. He admitted the suggestion that first they had gone to Mahipalpur area and searched for hotels but they were all very costly and thereafter, they came to the main road and asked the auto driver for some cheap hotel and the auto driver told that they will take them to some cheap hotel. He admitted that suggestion that the TSR auto State Vs. Ashok & Ors. Page no. 15 of 56 Syed Syed Digitally signed by Zishan Warsi Ali Zishan Ali Date:
Warsi 2026.05.23 13:26:18 +0530 16 had driven for about 4-5 kms and thereafter, it was stopped for buying slice bottle.
8.2 PW3 during his cross-examination by Ld. Counsel for accused persons deposed that he does not know whether the doctor had taken any sample or not since, he was unconscious.
He admitted the suggestion that the bottle of Slice and the plastic glass were not recovered by the police in his presence. He also admitted the suggestion that nothing was recovered in his presence. He does not know the names of the accused persons. IO called him in the PS to identify the accused persons. He denied the suggestion that IO told him the name of the accused persons. IO took him to the place of incident. The site plan was prepared by the IO in his presence. His statement was recorded by the IO at the spot and thereafter, statement of Raj Kumar was recorded. No other statement under Section 161 Cr.P.C was recorded in the PS. On 04.05.2014 he was taken to the place of incident. He denied the suggestion that the IO told him the names of the accused persons and got them identified. He denied the suggestion that IO compelled him to identify the accused persons in the TIP.
State Vs. Ashok & Ors. Page no. 16 of 56 Syed Digitally signed by Syed Zishan Zishan Warsi Ali Ali Date:
2026.05.23 Warsi 13:26:22 +0530 17
9. PW4 Ct. Kamal Kishor deposed that on 11.11.2014 he was posted in PS - Vasant Kunj N and he joined the investigation of the present case along with HC Vinod. They had come to PHC where all the three accused persons present before the court were arrested vide their arrest memos Ex.PW4/A, Ex.PW4/B and Ex.PW4/C after taking formal permission from the court. All the accused persons were interrogated and their disclosure were recorded vide memos Ex.PW4/D, Ex.PW4/E and Ex.PW4/F signed by him at point A. IO recorded his statement.
9.1 PW4 during his cross-examination by Ld. Counsel for accused persons, admitted the suggestion that the disclosure statements of the accused persons were recorded by the IO in his presence. The personal search memos were not prepared in his presence. He admitted the suggestion that arrest memos were prepared in his presence. His statement u/s 161 Cr.P.C was recorded outside the court of Ms. Gomati Manocha, Ld. MM.
10. PW5 HC Anil Kumar deposed that he does not remember the exact date and month but about 1 year ago while he was posted at PS Vasant Kunj (N), the investigation of the present case was marked to him. At that time accused persons were State Vs. Ashok & Ors. Page no. 17 of 56 Digitally signed by Syed Syed Zishan Zishan Warsi Ali Ali Date:
Warsi 2026.05.23 13:26:25 +0530 18 running in judicial custody. He had moved application for TIP proceeding against the accused persons and got the TIP proceedings done at Tihar Jail. On the next date he got copy of TIP proceedings from the Ahlmad of the court of Sh. Satvir Singh Lamba. In the TIP proceedings complainant Moni Kumar had correctly identified all the accused persons. Thereafter, he prepared the charge-sheet and filed the same in the court. He also obtained proof of ownership of the auto which was used in the commission of the crime. The said auto was in the name of Ram Ratan, father of accused Ashok Kumar. All the collected documents [photocopies of the license in the name of Neeraj Kumar who used to sell and purchase the auto, the photocopies of cheques through which Ram Ratan made payment in installments, photocopy of TSR permit, copy of RC of the auto and one handwritten note of Ram Ratan] regarding proof of ownership of the auto was collectively marked as "Mark A"
colly.
10.1 PW5 during his cross-examination by Ld. Counsel for accused persons deposed that he had joined his duties on 11.01.2014 in PS Vasant Kunj (North). He does not remember when the case file was handed over to him. Vol. But it was State Vs. Ashok & Ors. Page no. 18 of 56 Syed Syed Digitally signed by Zishan Zishan Ali Warsi Ali Date:
2026.05.23 Warsi 13:26:29 +0530 19 approximately one year back. He had not got any DD entry registered regarding the fact that the present case file was marked to him. Vol. It is already there in the register maintained in the PS. He has not placed on record the document showing that the case file was received by him. He had not recorded statement of any person during the course of investigation when the file remained with him. Vol. He recorded the statement of Neeraj who had sold the auto to Ram Ratta. He had taken a statement of Neeraj at his shop located in Jhilmil Colony but he does not remember the exact address. He does not remember the exact date when he recorded the statement of Neeraj. He admitted that at the time of investigation the RC was in the name of Neeraj Kumar. He does not remember the registration number of the TSR. He does not know to whom the said TSR was released by the court. He does not remember the exact date when he moved application for TIP proceeding. He does not remember when the TIP of the accused persons was conducted. He does not remember the date on which he received the copy of TIP proceeding from the ahlmad of court of Sh. Satbir Singh Lamba. He had placed the TIP proceedings on record which is Ex.PW3/C. He admitted that he had not made inquiry from the accused persons regarding the present case. He admitted that State Vs. Ashok & Ors. Page no. 19 of 56 Digitally signed by Syed Syed Zishan Ali Zishan Warsi Ali Date:
Warsi 2026.05.23 13:26:33 +0530 20 handwritten note of Ram Rattan which was seized are already marked as Mark A colly was not written in his presence. He had collected the same from Neeraj Kumar. He admitted that he had not made any verification regarding the TSR from the RTO and he merely collected ownership papers from Neeraj. He denied the suggestion that no document placed on record which can pin point that the said auto belongs to Ram Rattan.
11. PW6 HC Hemant deposed that on 06.05.2014 the investigation of the present case was marked to him. He prepared site plan at the instance of complainant Moni Kumar which is Ex.PW3/B, bearing his sign at pt. A. He tried to search the accused persons but they could not be apprehended. Thereafter, he prepared untraced charge-sheet and after that he was transferred. The draft untraced charge-sheet was got cleared by the SHO concerned. However, the same was pending before the ACP concerned. In the meantime he was transferred. Witness was not cross-examined by defence despite opportunity given.
12. PW7 HC Ashok Kumar deposed that on 11.10.2014 he was posted at Special Staff, South West District. On that day he State Vs. Ashok & Ors. Page no. 20 of 56 Digitally signed by Syed Syed Zishan Ali Zishan Warsi Ali Date:
Warsi 2026.05.23 13:26:36 +0530 21 along with SI Rajeev, ASI Ram Kishan, HC Vijay, HC Bir Sing, HC Manoj, HC Rajinder and Ct. Arjun were on patrolling duty and they were near Lado Sarai T- point. They were on government Bus which was being driven by SI Mahender. On that day at about 04:00 PM, one Secrete informer informed SI Rajeev that two three boys who were traveling in TSR and are involved in incidents of theft by giving poisonous intoxicating substance to the passengers. By that TSR they will come at about 04:30 PM from the side of Khanpur to Qutub Metro Station and if a raid is conducted they can be apprehended with stolen articles. SI Rajeev shared the said information with Insp. Akhileshwar Yadav, Special Staff, who directed him to conduct raid immediately. Thereafter, they reached by the said bus from Lado Sarai to Dhaulapir and put barricade there and started checking the three wheeler vehicles. IO requested 4-5 public persons to join the investigation but they refused to join the investigation, showing their genuine inability. No notice was given to him. At about 04:45 PM they saw one TSR coming towards them and secrete informer signaled towards that TSR stating that it was the same TSR by which they were coming. Thereafter, they encircled that TSR. He apprehended the driver of the TSR whose name later on revealed as Ashok and the other State Vs. Ashok & Ors. Page no. 21 of 56 Digitally signed by Syed Syed Zishan Zishan Warsi Ali Ali Date:
Warsi 2026.05.23 13:26:40 +0530 22 two passengers sitting on the rear seat were apprehended by Ct. Arjun and SI Rajeev. Later on their names were revealed as Raffique and Salauddin. Accused Raffique was apprehended by Ct. Arjun and Salauddin was apprehended by SI Rajeev. Accused Ashok was searched and from his cursory search 13-14 tablets were recovered from his right side pocket of his pant which he was wearing. Accused Raffique was also searched and from his cursory search 23-34 tablets were recovered from his shirt's pocket which he was wearing and one camera was also recovered from his possession. Accused Salauddin was also searched and from his cursory search 24-25 tablets were recovered from his shirt's pocket which he was wearing and one Samsung Mobile phone. Upon interrogation it was told by the accused persons that the said mobile phone and camera had been stolen by them few days ago from a passenger. Thereafter, they were brought to the Special Staff's office and they were again interrogated and accused Ashok revealed that one white coloured mobile phone is also kept beneath the driver's seat of the TSR and he took out the same and handed over the same to the IO. IO SI Rajeev prepared separate pullandas and kept the recovered medicines separately and sealed the same with the seal of "VKH". The seizure memo of all the seized articles were Page no. 22 of 56 Syed State Vs. Ashok & Ors.
Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:26:43 +0530 23 prepared. Photocopy of seizure memo of Mobile phone Videocon, white coloured was prepared which is "Mark A" signed by him at point A. Photocopy of seizure memo of TSR was prepared which is "Mark B" signed by him at point A. Photocopy of seizure memo of Medicines recovered from the possession of the accused Ashok were prepared which is "Mark C" signed by him at point A. Photocopy of seizure memo of Medicines recovered from the possession of the accused Raffique were prepared which is "Mark D" signed by him at point A. Photocopy of seizure memo of Medicines recovered from the possession of the accused Salauddin were prepared which is "Mark E" signed by him at point A. He identified all the accused persons present in the court. Kalandra was prepared by the IO with regard to the seized articles. The case properties were got deposited in the Malkhana of PS Saket. He can identify the seized case properties if shown to him. He can identify the mobile phone make Videocon which was recovered from accused Ashok which belongs to Raj kumar, associate of PW/Complainant Moni Kumar. Mobile phone make Videocon produced by MHC(M), the IMEI number of mobile no. is tallied with memo mark A dated 25.10.2016 is found similar with the mobile phone make Videocon produced by MHC(M) is shown State Vs. Ashok & Ors. Page no. 23 of 56 Digitally signed by Syed Syed Zishan Ali Zishan Warsi Ali Date:
Warsi 2026.05.23 13:26:46 +0530 24 to the witness which the witness has correctly identified as Ex. P1. MHC(M) produced a small sealed packet with the seal of ASJ-02 (West, Tis Hazari Courts). Seal was broken and it found to contain a matchbox and found to contain 13 tablets of Ativin 2 mg, shown to the witness which he correctly identified, same is Ex. P2 recovered from accused Ashok.
12.1 PW-7 during his cross-examination has denied the suggestion that Ativin 2 mg tablet was planted upon him just to work out the blind case of theft. He denied the suggestion that the photograph of the accused persons were shown to the complaint Moni Kumar in the PS prior to his judicial TIP. He admitted the suggestion that the case property of the present case was not recovered from the accused Rafeek. Vol. The mobile phone of Raj Kumar was recovered from accused Ashok who is since PO and the accused Ashok was associate of accused Rafeek.
13. PW8 Ct. Arjun deposed that on 10.11.2014, he was posted at Special Staff South District. On that day he joined the investigation along with SI Rajeev Bamal and H.Ct. Ashok and they were on TATA bus. At around 4 p.m. they were on duty at State Vs. Ashok & Ors. Page no. 24 of 56 Digitally signed by Syed Syed Zishan Ali Zishan Warsi Ali Date:
Warsi 2026.05.23 13:26:50 +0530 25 Lado Saria T point. One secret informer informed SI Rajeev Bamal informed that there are 2-3 boys who used to sit people in their TSR and after giving them some intoxicant make the passenger unconscious and used to steal their belongings and they used to share their booty with the TSR driver also. It was also informed by the secret informer that today at around 4.30 p.m they would come in the same TSR from the side of Khanpur and would go towards Kutub minar Metro Station. The said information was shared with the Inspector Special Staff by the SI Rajeev Bamal. After that SI Rajeev Bamal briefed the raiding team. Thereafter, they put their barricade on the road and started checking the vehicles which were coming from the side of Khanpur. After that at 4.45 p.m secret informer signaled towards one auto and said that it was the same auto which the accused used for the purpose of commission of the crime. They stopped that TSR at the barricade, and made enquiry from them. There were three persons in the TSR one was driving whereas other two were sitting on the rear seat. The name of the driver was revealed as Ashok and the name of persons sitting on the rear seat was revealed as Rafiq and Saluddin. Their cursory search were made. From the possession of Rafiq one digital camera make Samsung was recovered on which one sticker was affixed State Vs. Ashok & Ors. Page no. 25 of 56 Syed Syed Digitally signed by Zishan Zishan Ali Warsi Ali Date:
2026.05.23 Warsi 13:26:53 +0530 26 on which P.K. Tiwari was written and one strip of tablets also recovered from his possession. From the possession of accused Saluddin one Samsung mobile phone was recovered and one strip of tablets also recovered from his possession. From the possession of accused Ashok also some tablets kept in paper recovered. They did not gave any satisfactory answer to the questions regarding camera, mobile phone and tablets. Thereafter, they were taken to the office of Special Staff at Pushp Vihar, South District. At the office inquiries were made from them and they told that these tablets are intoxicant and they used to administer them to the passengers. Accused Ashok was arrested vide arrest memo photocopy of the same is Mark PW- 8/A bears his signatures at point A. Accused Rafiq was arrested vide arrest memo photocopy of the same is Mark PW-8/B bears his signatures at point A. Accused Saluddin was arrested vide arrest memo photocopy of the same is Mark PW-8/C bears his signatures at point A. Personal search memo of accused Ashok photocopy of the same is Mark PW-8/A-1 bears his signatures at point A. Later on accused Ashok got recovered one Videocon Mobile Phone from beneath the driver seat of the Auto Seizure which was seized vide seizure memo already marked as 'A' bears his signatures at point B. TSR was seized vide memo State Vs. Ashok & Ors. Page no. 26 of 56 Digitally signed by Syed Syed Zishan Ali Zishan Warsi Ali Date:
Warsi 2026.05.23 13:26:56 +0530 27 already marked as Mark - 'B' bears his signature at pt. B. Seizure memo of the tablets recovered from the possession of accused Ashok was prepared vide memo already marked as Mark C bears his sign at pt. B. Seizure memo of tablets recovered from the possession of accused Rafiq is already marked as Mark-D bears his signatures at point B. Seizure memo of tablets recovered from the possession of accused Salluddin is already marked as Mark-E bears his signatures at point B.
13.1 PW-8 was recalled for examination under Section 299 CrPC, wherein he deposed that he can identify the recovered mobile phone and tablets, if shown to him. MHC(M) produced one mobile phone make Videocon Model A-10 having IMEI No. 911356450982917 and 911356451183416. Witness on seeing the same identifies the same as the mobile phone which was got recovered by accused Ashok from under the driver seat of TSR. The mobile phone is Ex.P1. Accused Rafiq is present in the court (correctly identified by the witness). He can identify accused Ashok, if shown to him. He can identify the recovered tablets and TSR, if shown to him. (Identity of TSR was not disputed by Ld. Defence Counsel). (The present FIR is of 2014 and MHC(M) PS Saket is present and PW submits that the State Vs. Ashok & Ors. Page no. 27 of 56 Digitally signed by Syed Syed Zishan Ali Zishan Warsi Ali Date:
Warsi 2026.05.23 13:26:59 +0530 28 tablets / medicines were transferred to PS Vasant Kunj North in FIR No. 773/14, which has already been disposed off).
13.2 PW-8 during his cross-examination deposed that when the accused persons were overpowered, public persons were passing from there. No notice in writing was given to those public persons. They had made arrival DD entry in Special Staff Office, Saket after the arrest of accused persons but he does not remember its number. He denied the suggestion that no such DD entry was made therefore he was not able to tell the DD number.
He does not remember the name of the tablets however, the same were of 2 Mg. He denied the suggestion that accused was not arrested at the place and time as stated by him above or that accused Rafiq was lifted from his home and thereafter falsely implicated in the present case.
14. PW9 Ct. Rajesh Kumar deposed that on 04.05.2014 he was posted at PS Vasant Kunj North and was on emergency duty from 8 p.m. to 8 a.m. At around 9 p.m. call was received regarding quarrel. Thereafter, he along with ASI Kuldeep went to the spot i.e. behind Grand Hotel, Mahipalpur. There they found no trace of quarrel but two boys were lying in State Vs. Ashok & Ors. Page no. 28 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:27:02 +0530 29 unconscious condition. They got them admitted in the Safdarjung Hospital in CAT Ambulance. Witness was not cross- examined by defence despite opportunity given.
15. PW10 HC Rampal deposed that on 05.12.2014, he was working as MHC(M) in Police Station Vasant Kunj (North). On that day, HC Vinod had deposited a mobile phone, make Videocon, IMEI Nos. 911356450982917 and 911356451183416, in open condition with him in the malkhana. In this regard, he made entry No. 3043/14 in the malkhana register. He have brought the original malkhana register with me. A photocopy of the entry is Ex.PW10/A. 15.1 PW10 during his cross-examination has deposed that he has not seen the mobile phone that day in the court. He cannot say from whom the mobile phone was recovered by HC Vinod.
16. PW11 Retd. SI Kuldeep deposed that in the year 2014, he was posted at PS Vasant Kunj North. On 04.05.2014, on receipt of one DD No.50A, he alongwith Ct. Rajesh reached near Grand Hotel where he did not find any quarrel but two persons were lying in unconscious condition on the road. CAT Ambulance State Vs. Ashok & Ors. Page no. 29 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:27:05 +0530 30 came there. Both the unconscious persons were got shifted to Safdarjung Hospital in the CAT ambulance. Ct. Rajesh was also sent to Safdarjung hospital in the said ambulance. MLC of both the unconscious persons were prepared by concerned doctor. The DD entry 50-A was kept pending. On 06.05.2014, one person namely Moni Kumar alongwith his associate Raj Kumar, came to him in the PS, who were found unconscious on 04.05.2014 and were sent to hospital. They directed the facts of the incident. He recorded the statement of Moni Kumar, Ex.PW3/A, bearing the signature of Moni Kumar at Point A and his signature at Point B. He made his endorsement, Ex. PW11/A, bearing his signature at Point A and gave the same to the duty officer for registration of FIR u/s 328/379/34 IPC. After registration of the FIR, investigation of the present case was assigned to HC Hemant.
16.1 PW-11 during his cross-examination has deposed that DD entry was assigned to him at around 09:10 PM. He reached the spot on his personal vehicle i.e. car bearing No. DL3-CCC- 1963. At the spot, no public persons were found near the unconscious persons. He denied the suggestion that he did not visit the spot or that unconscious persons were not got shifted to State Vs. Ashok & Ors. Page no. 30 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:27:09 +0530 31 the hospital on his direction. He denied the suggestion that he did not visit the hospital to record the statement of complainant. He had visited the hospital on 05.05.2014 but he found that complainant and his associate were not fit for statement.
17. PW12 ASI Vinod Kumar has deposed that in the year 2014 he was posted as PS Vasant Kunj North as Head Constable. On 14.10.2014 case file of the present case was assigned to him to continue investigation. He perused the file. He obtained copy of kalandra from SI Rajeev Bamal and recorded statement of SI Rajeev Bamal, HC Ashok Kumar and Ct. Arjun. On 11.11.2014, accused persons namely Ashok Kumar, Rafique and Salauddin were produced from concerned court of Ld. MM on production warrants. With the permission of the court, he interrogated aforesaid accused person and arrested them by memo Ex.PW4/A, Ex.PW4/B and Ex.PW4/C respectively bearing his signature at point B. During interrogation, accused persons namely Salauddin, Ashok and Rafique admitted their involvement in the present case and got their statements recorded which were already Ex.PW4/E, Ex.PW4/F and Ex.PW4/G respectively bearing his signature at point B. All the accused persons were sent to JC. Accused Rafique present in the State Vs. Ashok & Ors. Page no. 31 of 56 Digitally signed by Syed Syed Zishan Ali Zishan Warsi Ali Date:
Warsi 2026.05.23 13:27:12 +0530 32 court was correctly identified by the witness. Thereafter, due to his transfer, he handed over the file to MHCR.
17.1 PW-12 during his cross-examination has deposed that he recorded statement of SI Rajeev Bamal, HC Ashok Kumar and Ct. Arjun at the office of special staff. He denied the suggestion that he arrested the accused persons without any material against them.
18. PW-13 Insp. Rajeev Bamal has deposed that in the year 2014, he was posted as Special Staff, South District as Sub Inspector. On 11.10.2014, he alongwith his staff namely ASI Ram Kishan, HC Ashok, HC Manoj, HC Vijay, HC Veer Singh, HC Rajender, Ct. Arjun, SI Mahender (driver) vide DD No. 4 and proceed from their office to search of Jeharkhurani Gang. At around 04.00 pm when they were present MB Road, Lado Sarai, T-Point, one of secret informer met him and informed that 2-3 persons were the member of jeharkhuri gang would be coming from Khanpur side in a TSR bearing no. 0690 and passing through MB Road would be going towards Qutub Metro Station at around 04.30 pm. He conveyed the secret information to his senior Insp. Sh. Akhileshwar Yadav, and he directed him to State Vs. Ashok & Ors. Page no. 32 of 56 Digitally signed by Syed Syed Zishan Zishan Warsi Ali Ali Date:
Warsi 2026.05.23 13:27:17 +0530 33 carry out a raid immediately. He briefed accompanying officials and at about 04.15 pm they reached at MB Road opposite Daula peer. He asked 3-4 passers by to join the proceedings but none agreed to join the proceedings and left the spot without disclosing their names and addresses. They put barricades on the road and kept eye on the vehicles coming from Khanpur side. At around 04.45 pm a TSR bearing no. 0690 was seen coming from Khanpur side. Secret informer pointed out towards the TSR and left the spot. They got the TSR stop. Three persons were found riding in the TSR. The person who was driving the TSR was Ashok. Accused Rafik and Salauddin were riding on the passengers seat in the TSR. On the search of the all accused, from possession of accused Rafik a camera make Samsung colour black and 24 tablets AT VAN 2mg were recovered. From possession of accused Salauddin, one Samsung mobile phone and 25 tablets AT VAN 2mg were recovered. From possession of accused Ashok, 13 tablets AT VAN 2mg was recovered. They took all three accused persons alongwith case property and TSR to the office of Special Staff. On thorough interrogation, aforesaid accused persons revealed that they are the member of jeharkhurani gang and they get seated passengers in the TSR and they get the tablets dissolved in colddrink etc and offers to State Vs. Ashok & Ors. Page no. 33 of 56 Digitally Syed Syed signed by Zishan Zishan Ali Warsi Ali Date:
2026.05.23 Warsi 13:27:22 +0530 34 passengers. Passengers drink a cold drink and thereafter gets unconscious. Thereafter, they robbed the passengers and left the passengers at abandoned place. During interrogation, accused Ashok got recovered a mobile phone make Videocon under the driver seat of TSR which was found robbed in the present case FIR. Remaining case properties were got linked with the other FIRs. Aforesaid TSR bearing no. DL1RL 0690 was seized vide memo Ex.PW13/A bearing signature of accused at point A and his signature at point B. The mobile phone make Videocon which was recovered from possession of accused Ashok Ex.PW13/B bearing signature of accused at point A and his signature at point B. Remaining case properties which were linked to another FIRs were also seized. Entire case property were deposited in Malkhana and all three accused persons namely Ashok, Rafik and Salauddin were arrested vide memo Ex.PW13/C, Ex.PW13/D and Ex.PW13/E bearing signature of accused persons at points A respectively and his signature at point B. Thereafter, conducted their personal search and their personal search memo Ex.PW13/F, Ex.PW13/G and Ex.PW13/H bearing signature of accused persons at points A respectively and his signature at point B. He recorded disclosure statement of accused persons and same are Ex.PW13/1, State Vs. Ashok & Ors. Page no. 34 of 56 Digitally signed by Syed Syed Zishan Zishan Warsi Ali Ali Date:
2026.05.23 Warsi 13:27:27 +0530 35 Ex.PW13/J and Ex.PW13/K bearing signature of accused persons at points A respectively and his signature at point B. Thereafter, information was conveyed to PS Vasant Kunj North. On 12.10.2014 after medical examination of the accused persons they were produced in muffled face in the Court of Concerned MM at Patiala House vide kalandra u/s 41.1 (D) CrPC. The said kalandra is Ex.PW13/L bearing his signature at point A. Copy of DD no. 4 dated 11.10.2014 is Ex.PW13/M. Copy of DD no. 22A dated 11.10.2014 PS Saket in respect of information about arrest of accused persons is Ex.PW13/N. On 14.10.2014, HC Vinod came to office of special staff and recorded his statement u/s 161 CrPC in the present case. Seizure memos pertinent to recovery of aforesaid tablets used for the drugging the passengers for robbery which were recovered from accused persons Ashok, Salauddin and Rafik are Ex.PW13/O, Ex.PW13/P and Ex.PW13/Q bearing signatures of accused persons at point A respectively and his signature at point B. Accused Rafik is present in the court was correctly identified by the witness. He can identify the case property if shown to him. MHCM has produced one mobile phone make Videocon. Witness identified the same as recovered from possession of accused Ashok vide State Vs. Ashok & Ors. Page no. 35 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:27:30 +0530 36 memo Ex.PW13/B. On 11.09.2025, Ld. Defence Counsel has not disputed the identity of the TSR.
18.1 PW13 during his cross-examination has deposed that Accused Rafique was apprehended from the spot itself and he was arrested at the office of Special Staff situated at Pushp Vihar. He denied the suggestion that accused Rafiq was lifted from his house or that he was falsely implicated in this case. No public person had joined the investigation at the time of recovery. Vol. He tried to get the public person join the investigation. He had not issued any written notice to the public person who refused to join the investigation. There was no CCTV camera installed near the spot. He denied the suggestion that no recovery had taken place from accused Rafiq or that recovery was planted upon him in order to falsely implicate him.
No victim was found during the course of arrest and raid. He does not remember the FIR numbers which were linked to the recovery from accused Rafiq. He denied the suggestion that he was deposing falsely or that accused was arrested in the manner as stated by him or that recovery was planted upon him in order to falsely implicate him in the present case.
State Vs. Ashok & Ors. Page no. 36 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:27:33 +0530 37 18.2 CW-1 Ct. Sachin is examined with regard to process u/s 82 CrPC against accused Salauddin and notice u/s 82 CrPC is Ex.CW1/A and photocopy of affixing of copy on the door of the said house is Ex. CW1/B and report is Ex. CW1/C. Further, CW-1 HC Raj Kumar was examined for process u/s 82 Cr.PC pertaining to Accused Ashok and printout of photographs in this regard Ex. CW-1/1 and Ex. CW1/2 and report in this regard is Ex. CW1/3. However, the present judgment is against accused Rafiq only, thus, their testimonies are not discussed.
STATEMENT OF ACCUSED
19. After completion of prosecution evidence, all incriminating material as appearing in the evidence was put to the accused Rafiq under Section 313 Cr.P.C. He stated that he is innocent and falsely implicated in the present case and his name was named by accused Ashok due to some enmity with him. He was not present at the time of incident. He was present at home when the alleged incident took place. No Defence evidence was lead by accused Rafiq.
State Vs. Ashok & Ors. Page no. 37 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:27:36 +0530 38 ARGUMENTS
20. Ld. Addl. PP for the State submits that the prosecution has proved its case beyond reasonable doubt as PW-3 Moni Kumar has identified the accused and explained as well as corroborated the whole incident with specific role of accused the medical evidence in the investigation conducted by the police has rpoved the case of prosecution beyond reasonable doubt by cogent, consistent and reliable evidence and the theft with complainant was caused after administering stupefying agent and charge u/s 328/379/34 IPC are proved beyond resaonable doubt and accused Rafiq is liable to convicted for the same.
21. Per contra, ld. Counsel for the accused Rafiq submits that accused is implicated in the present case on the basis of the statement of co-accused Kalandra statement u/s 41 Cr.PC i.e. Ashok and the accused was not arrested from the place of incident as well as he was not present at the place of incident when the incident took place and no recovery is from the accused person and there is no specific role on the present accused for commission of the offence or participating or any common intention in the commission of the offence.
State Vs. Ashok & Ors. Page no. 38 of 56 Digitally signed by Syed Syed Zishan Ali Zishan Warsi Ali Date:
Warsi 2026.05.23 13:27:42 +0530 39 APPRECIATION & ANALYSIS OF EVIDENCE (Evidence has to be examined whether the alleged facts are proved, disproved or not proved on the anvil of the principle of beyond reasonable doubt).
22.1 In the criminal justice system, witness plays a paramount role for the administration of justice as by giving evidence linked to the offence. He performs the sacred duty of assisting the court to impart justice by discovering the truth. Thus, the witness as such plays the most crucial role in the dispensation of justice. As also held by the Hon'ble Supreme Court in Mahender Chawla V Union Of India, Writ Pe- tition (Criminal) No. 156 / 2016 decided on 5 December, 2018, for witness the following observation was made:-
"Witnesses are important players in the judicial system, who help the judges in arriving at correct factual findings. The instrument of evidence is the medium through which facts, either disputed or required to be proved, are effectively conveyed to the courts. This evidence in the form of documentary and oral is given by the witnesses. A witness may be a partisan or interested witness, i.e., a witness who is in a near relation with the victim of crime or is concerned with conviction of the accused person. Even his testimony is relevant, though, stricter scrutiny is required while adjudging the State Vs. Ashok & Ors. Page no. 39 of 56 Digitally signed by Syed Syed Zishan Zishan Warsi Ali Ali Date:
Warsi 2026.05.23 13:27:46 +0530 40 credence of such a victim. However, apart from these witnesses or the witnesses who may themselves be the victims, other witnesses may not have any personal interest in the outcome of a case. They still help the judicial system".
ANALYSIS AND FINDING QUA OFFENCE U/S 328/34 and 379/34 IPC:
23.1 Before proceeding further it is essential to consider the essential ingredients of Section 328, Section 379 and 34 of IPC and the same are reproduced and discussed as follows:
23.1(a) Section 328. Causing hurt by means of poison, etc., with intent to commit and offence.--Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
On bare reading of Section 328 IPC the essential ingredients State Vs. Ashok & Ors. Page no. 40 of 56 Digitally signed by Syed Syed Zishan Ali Zishan Warsi Ali Date:
Warsi 2026.05.23 13:27:56 +0530 41 require are the substance in question was a poison, or any stupefying, intoxicating or unwholesome drug, etc. that the accused administered the substance to the complainant or caused the complainant to such substance, that he did so with intent to cause hurt or knowing it to be likely that he would thereby cause hurt, or with the intention to facilitate or commit the commission of an offence. On similar lines observation is also made by the Hon'ble Supreme Court in Joseph Kurian Philip Jose v. State of Kerala (1994) 6 SCC 535. The relevant portion of the decision is reproduced herein-under:
"10. In order to prove offence under Section 328 the prosecution is required to prove that the substance in question was a poison, or any stupefying, intoxicating or unwholesome drug, etc., that the accused administered the substance to the complainant or caused the complainant to take such substance, that he did so with intent to cause hurt or knowing it to be likely that he would thereby cause hurt, or with the intention to commit or facilitate the commission of an offence. It is, therefore, essential for the prosecution to prove that the accused was directly responsible for administering poison etc. or causing it to be taken by any person, through another. In other words, the accused may accomplish the act by himself or by means of another. In either situation direct, reliable and cogent evidence is necessary."
23.1(b) As Section 379 IPC only provides punishment for theft and theft is defined under Section 378 IPC for the sake of reference, Section 378 along with Section 379 IPC both are State Vs. Ashok & Ors. Page no. 41 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:28:01 +0530 42 reproduced herein under:
Section 378. Theft.--Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
Explanation 1.--A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.
Explanation 2.--A moving effected by the same act which effects the severance may be a theft. Explanation 3.--A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it.
Explanation 4.--A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.
Explanation 5.--The consent mentioned in the definition may be State Vs. Ashok & Ors. Page no. 42 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:28:06 +0530 43 express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied.
The following ingredients are essential for the theft:
(I) Dishonest intention to take property i.e. at the time of taking property the intention has to be dishonest. (Dishonest intention as defined in Section 24 of the IPC is dishonestly as whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person.) And intention to take dishonestly has to be existed when the taker intending to cause wrongful gain to one person or wrongful loss to the other person.
It would be sufficient if loss to the owner of the property is caused.
(II) The property has to be movable; (III) The property (movable property) must be taken out of possession of other person;
(IV) the property should be taken without the person's consent; (V) And the property should be moved in order of such taking.
Section 379. Punishment for theft.--Whoever commits theft shall State Vs. Ashok & Ors. Page no. 43 of 56 Digitally signed by Syed Syed Zishan Ali Zishan Warsi Ali Date:
Warsi 2026.05.23 13:28:10 +0530 44 be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
23.1(c) Section 34. Acts done by several persons in furtherance of common intention.--When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
On perusal of Section 34 IPC, it is evident that it lays down only the rule of evidence that if two or more persons commit a crime in order of common intention, each of them will be held jointly liable. Common intention under Section 34 IPC is a species of constructive liability which renders every member of a group who shares such intention responsible for the criminal act committed by any one of them when such act is done in furtherance of common intention. Common intention has not to be confused with similar intention. To establish Section 34 IPC, pre-consent, presence and participation in respect of each accused must be established.
State Vs. Ashok & Ors. Page no. 44 of 56 Digitally signed by Syed Syed Zishan Ali Zishan Warsi Ali Date:
Warsi 2026.05.23 13:28:13 +0530 45 23.2 Now in the present case, PW-11 Retd. SI Kuldeep has deposed that on 04.05.2014, on receipt of one DD No.50A, he alongwith Ct. Rajesh reached near Grand Hotel where he did not find any quarrel but two persons were lying in unconscious condition on the road. CAT Ambulance came there. Both the unconscious persons were got shifted to Safdarjung Hospital in the CAT ambulance. Ct. Rajesh was also sent to Safdarjung hospital in the said ambulance. MLC of both the unconscious persons were prepared by concerned doctor. His testimony is also corroborated by PW-9 Ct. Rajesh Kumar that he along with ASI Kuldeep went to the spot i.e. behind Grand Hotel, Mahipalpur.
There they found no trace of quarrel but two boys were lying in unconscious condition and their testimonies remained unrebutted in cross-examination. Thus, the fact with regard to two boys lying in unconscious condition on 04.05.2014 behind Grand Hotel, Mahipalpur is established.
23.3 In the evidence of PW-3, victim Moni Kumar, he deposed the entire incident and the manner how he taken an auto to the market and the auto was driven by accused Ashok, the two accused persons whose name revealed as Sallauddin was sitting State Vs. Ashok & Ors. Page no. 45 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:28:16 +0530 46 with the driver and accused Rafiq was sitting besides them in the passenger sit. Accused Sallauddin bought a cold drink, poured them into glasses and passed three glasses to them in the passenger seat and on taken a sip he became unconscious and regained his senses after three days in Safdarjung Hospital. He also deposed that he and Raj Kumar were carrying two handbags and two other bags. In the luggage bag, there were two pants, two shirts, one t-shirt and in the handbag he was carrying STCW, Passport, one mobile phone make Nokia 2700, Two ATM cards, Rs. 25,000/- cash, his wallet contained his Voter Card, Aadhar Card and Rs. 2500/- cash. Rajkumar was having one mobile phone make Videocon and had contained Rs. 3000/- cash in his wallet along with one ATM card. He also identified accused Rafiq in the TIP proceedings in Central Jail, Tihar. Further his testimony is corroborated by the testimony of PW-1 Dr. Kamran Faisal who deposed that he had seen the MLC No. 82542 and MLC No. 82549 both dated 04.05.2014. Both the patients were examined by Dr. Nidhi Kaeley, SR Medicine. He identify the handwriting and signatures of Dr. Nidhi Kaeley as she has worked under me. The MLCs Ex.PW1/A and Ex.PW1/B signed by Dr. Nidhi Kaeley at point A and his signature were at point B. Both the cases were of suspected poisoning. The testimony of State Vs. Ashok & Ors. Page no. 46 of 56 Digitally Syed signed by Syed Zishan Zishan Ali Warsi Ali Date:
2026.05.23 Warsi +0530 13:28:20 47 witnesses for prosecution is duly corroborated by the testimony of PW-13 i.e. Insp. Rajeev Bamal as he stated, on 11.10.2014 on secret informer's information, the two-three persons of jehar khurani gang would be coming, they put barricades on the road and at around 04:45 p.m. a TSR bearing no. 0690 was stopped and three persons were found riding in the TSR i.e. accused Ashok, Rafiq and Sallaudin. On search of all accused, from the possession of accused Rafiq a camera make Samsung and 24 tablets ATVAN 2 mg were recovered and they were arrested vide memo Ex. PW-13/C, Ex. PW-13/D and Ex. PW-13/E. Further, the stolen mobile phone make Videocon was recovered from the possession of co-accused Ashok vide Ex.PW13/B. As the accused persons are arrested together and all the three accused persons were already identified by injured victim PW-3 Moni Kumar. This shows that the accused persons were together at the time of commission of offence as well as at the time of arrest. Further accused Rafiq has admitted the judicial TIP proceedings conducted on 03.12.2014 i.e. Ex. PW-3/C under Section 294 Cr.P.C. In the light of the testimonies of the witnesses, it is established that the accused persons has administered intoxicating/stupefying substance/sedative poisoning in furtherance of common intention to commit offence of theft with State Vs. Ashok & Ors. Page no. 47 of 56 Digitally signed by Syed Syed Zishan Ali Zishan Warsi Ali Date:
Warsi 2026.05.23 13:28:23 +0530 48 victim Moni Kumar, which is punishable under Section 328 IPC and recovery of mobile phone make Videocon from the possession of co-accused Ashok and while committing the said offence i.e. offering soft drink after sip of it injured victim Moni Kumar became unconscious, they had been seen by the victim eyewitness PW-3 Moni Kumar and accused persons have been identified as well as recovery from co-accused Ashok is also effected. As it is proved by prosecution by cogent, credible and consistent evidence beyond reasonable doubt that at the time of incident accused Rafiq was accompanying co-accused Ashok and stolen mobile phone make Videocon is recovered from accused Ashok also identified by complainant Moni Kumar. In those circumstances, the defence of accused Rafiq in absence of any defence evidence is not sustainable that accused Ashok has implicated him on the basis of some previous enmity while he failed to explain the circumstances of accompanying accused Ashok at the time when the offence took place as well as on the day of their arrest. Therefore, the accused Rafiq has also committed the offence punishable under Section 379/34 IPC and prosecution has proved beyond a shadow of reasonable doubt offence u/s 328/34 and 379/34 IPC against accused Rafiq.
State Vs. Ashok & Ors. Page no. 48 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:28:26 +0530 49 CONCLUSION The accused namely Rafiq is convicted u/s 328/34 and 379/34 IPC.
Let the accused Rafiq be heard on the point of sentencing.
Announced in the open Court on 23.05.2026.Digitally signed
Syed by Syed Zishan Ali Warsi Zishan Date:
Ali Warsi 2026.05.23 13:28:30 +0530 (SYED ZISHAN ALI WARSI) Addl. Sessions Judge-04 Patiala House Courts New Delhi/23.05.2026 State Vs. Ashok & Ors. Page no. 49 of 56 50
(i) Chart for witnesses examined Prosecution Name of witness Description Witness No.
1. PW-1 Dr. Kamran Faisal MLCs of victims prepared in his presence
2. PW-2 SI Jaipal Singh Registered FIR
3. PW-3 Moni Kumar Complainant/ one of the Victims
4. PW-4 Ct. Kamal Kishor Participated in investigation
5. PW-5 HC Anil Kumar IO
6. PW-6 HC Hemant Participated in investigation
7. PW-7 ASI Ashok Kumar Participated in (earlier HC ) investigation
8. PW-8 Ct. Arjun Participated in investigation
9. PW-9 Ct. Rajesh Kumar Participated in investigation
10. PW-10 HC Rampal MHC(M)
11. PW-11 Retd.SI Kuldeep First IO
12. PW-12 ASI Vinod Kumar Third IO
13. PW-13 Insp. Rajeev Spl. Staff Bamal State Vs. Ashok & Ors. Page no. 50 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:28:34 +0530 51
(ii) Chart for exhibited documents Exhibit Description of the Exhibit Proved by / Attested No. by
1. Ex. PW1/A MLC No.82542 and PW-1 Ex. PW1/B MLC No. 82549 Dr. Kamran Faisal
2. Ex. PW2/A Registered FIR PW-2 No.336/14, Ex. PW2/B SI Jaipal Singh endorsement on rukka, Ex.
PW2/C Certificate u/s 65B Indian Evidence Act, Ex.
PW2/D DD No. 50A
3. Ex. PW3/A Statement, Ex. PW-3 PW3/B Site Plan, Ex. PW3/C, Moni Kumar Ex.PW3/D, and Ex. PW3/E (TIP Proceedings)
4. Ex. PW4/A, Ex. PW4/B, Ex. PW-4 PW4/C (Arrest memos of Ct. Kamal Kishor accused persons), Ex. PW4/D, Ex. PW4/E and Ex.PW4/F (Disclosure statement of accused persons)
5. Mark A (colly.) (Photocopy of PW-5 documents of Auto) HC Anil Kumar
6. - PW-6 HC Hemant
7. Mark A Photocopy of seizure PW-7 memo of mobile phone ASI Ashok Kumar Videocon, Mark B Photocopy of (earlier HC ) seizure memo of TSR, Mark C State Vs. Ashok & Ors. Page no. 51 of 56 Digitally Syed signed Syed by Zishan Ali Zishan Warsi Ali Date:
Warsi 2026.05.23 13:28:38 +0530 52 Photocopy of seizure memo of medicine recovered from accused Ashok, Mark D Photocopy of seizure memo of medicines recovered from possession of accused Raffique, Mark E Photocopy of seizure memo of medicines recovered from the possession of Salauddin, (Ex. P1 Mobile phone make Videocon, Ex. P2 Matchbox found to contain 13 tablets of ativin 2 mg.)
8. Mark PW-8/A photocopy of PW-8 arrest memo of accused Ashok, Ct. Arjun Mark PW-8/B Photocopy of arrest memo of accused Rafiq, Mark PW-8/C, Photocopy of arrest of accused Salauddin, Mark PW-8/A-1 Photocopy of personal search memo of accused Ashok and Ex.P-1 Mobile phone make Videocon recovered from Accused Ashok
9. - PW-9 Ct. Rajesh Kumar
10. Ex. PW10/A Photocopy of entry PW-10 in malkhana register HC Rampal
11. Ex. PW11/A Endorsement PW-11 Retd.SI Kuldeep State Vs. Ashok & Ors. Page no. 52 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:28:41 +0530 53
12. - PW-12 ASI Vinod Kumar
13. Ex. PW13/A TSR seizure memo, PW-13 Ex. PW13/B Mobile phone make Insp. Rajeev Bamal videocon, Ex. PW13/C arrest memo of accused Ashok, Ex.
PW13/D arrest memo of accused Rafiq, Ex. PW13/E arrest memo of accused Salauddin, Ex.
PW13/F, Ex. PW13/G, Ex.
PW13/H (personal search of accused persons), Ex. PW13/I, Ex. PW13/J, Ex. PW13/K (disclosure statements of accused persons), Ex. PW13/L Kalandra, Ex. PW13/M DD No.4 dated 11.10.2014, Ex.
PW13/N DD No.22A dated 11.10.2014, Ex. PW13/O, Ex.
PW13/P and Ex. PW13/Q (Seizure memos of tablets recovered from accused persons).
14. Ex. CW-1/A Notice u/s 82 CW-1 Cr.PC, Ex. CW-1/B photocopy Ct. Sachin of affixing copy and Ex. CW-
1/C report on noticeboard
15. Ex. CW1/1 and Ex. CW1/2 CW-1 HC Raj Printout of photographs and Ex. Kapoor CW1/3 Detailed report State Vs. Ashok & Ors. Page no. 53 of 56 Digitally Syed signed by Syed Zishan Zishan Ali Warsi Ali Date:
2026.05.23 Warsi 13:28:44 +0530 54 Admitted documents u/s 294 Cr.PC and witness dispensed with
1. Judicial TIP proceedings PW /Sh. Satvir Ex. PW3/C Singh Lamba, Link MM, PHC State Vs. Ashok & Ors. Page no. 54 of 56 Digitally signed by Syed Syed Zishan Zishan Warsi Ali Ali Date:
Warsi 2026.05.23 13:28:47 +0530 55
(iii) Chart for material objects / muddamals Material Description of the Exhibit Proved by / Object No. Attested by
1. - PW-1 Dr. Kamran Faisal
2. - PW-2 SI Jaipal Singh
3. - PW-3 Moni Kumar
4. - PW-4 Ct. Kamal Kishor
5. - PW-5 HC Anil Kumar
6. - PW-6 HC Hemant
7. Ex. P-1, Mobile phone make PW-7 Videocon and Ex. P2, ASI Ashok Kumar Matchbox and 13 tablets of (earlier HC ) ativin 2mg recovered from accused Ashok
8. - PW-8 Ct. Arjun
9. - PW-9 Ct. Rajesh Kumar
10. - PW-10 HC Rampal
11. - PW-11 State Vs. Ashok & Ors. Page no. 55 of 56 Syed Zishan Ali Warsi Digitally signed by Syed Zishan Ali Warsi Date: 2026.05.23 13:28:50 +0530 56 Retd.SI Kuldeep
12. - PW-12 ASI Vinod Kumar
13. - PW-13 Insp. Rajeev Bamal Syed Digitally signed by Syed Zishan Zishan Ali Warsi Date: 2026.05.23 Ali Warsi 13:28:54 +0530 (SYED ZISHAN ALI WARSI) Addl. Sessions Judge-04 Patiala House Courts New Delhi/23.05.2026 State Vs. Ashok & Ors. Page no. 56 of 56