Delhi District Court
Criminal Case/81/2009 on 24 January, 2013
FIR No. 81/09 S/V Raju Kumar U/S 356/379/411 IPC PS Subzi Mandi IN THE COURT OF SH. NEERAJ GAUR, LD.METROPOLITAN MAGISTRATEIII/NORTH, DELHI FIR No. 81/09 S/v Raju Kumar U/s 356/379/411 IPC PS: Subzi Mandi CC No. 60/2 U. ID No. 02401R0192482009 Date of Institution : 02.05.2009 Date of commission of offence : 18.03.2009 Name of the complainant : Sh. Janak Prasad W/o Sh. Sukhdev Prasad. Name and address of accused : Raju Kumar S/o Om Prakash R/o R/o B88, Ran Hola Vihar, Near Samshan Ghat, TCI, Rickshaw Garage, Nangloi, Delhi. Offence complaint off : U/S 356/379/411 IPC Plea of guilt : Pleaded not guilty Final Order : Convicted u/s 379/356 IPC and acquitted u/s 411 IPC Date of reserve for order : 24.01.2013. U. ID NO. 02401R0192482009 Page No. 1 of 10 FIR No. 81/09 S/V Raju Kumar U/S 356/379/411 IPC PS Subzi Mandi Date for announcing the order : 24.01.2013. J u d g m e n t: Brief facts and pre trial proceedings 1.
The case of the prosecution, as disclosed in the chargesheet is that on 18.03.2009, complainant Sh. Janak Prasad was coming on a Rickshaw and he deboarded the Rickshaw near St. Stephen's Hospital. At about 10.00 pm, complainant was walking towards Barafkhana to catch a bus and when he reached in front of Petrol Pump near Mortuary, one boy came and snatched a mobile phone with SIM No. 9213945253 from the hands of complainant. Accused also gave a punch blow on the face of complainant, due to which he fell down. Complainant raised an alarm. On hearing the alarm, Sh. Raj Kumar / PW3 who was going on his motorcycle saw that accused Raju Kumar was giving beatings to complainant. Sh. Raj Kumar inquired from complainant about the incident and both chased the accused on the motorcycle. Near Sarai U. ID NO. 02401R0192482009 Page No. 2 of 10 FIR No. 81/09 S/V Raju Kumar U/S 356/379/411 IPC PS Subzi Mandi Phoos gate, accused was apprehended. In the process of fleeing, accused threw away the stolen mobile phone. A 100 number call was made and IO ASI Rajender along with Ct. Krishan Kumar reached at Sarai Phoos gate where complainant handed over the custody of accused to the police along with the Samsung Mobile Phone without battery cover. IO recorded the statement, prepared a rukka on the basis of which, the instant FIR was registered. Accused was arrested and personally searched. After completion of investigation, accused was sent up for trial.
2. Copies of the challan and documents were supplied to the accused and after going through the challan and documents annexed therewith, charge for the offences u/s 356/379/411 IPC was framed against accused Raju Kumar to which he pleaded not guilty and claimed trial.
Trial
3. To prove the charge, prosecution examined five witnesses in total, whose testimonies are being discussed in brief as follows : U. ID NO. 02401R0192482009 Page No. 3 of 10
FIR No. 81/09 S/V Raju Kumar U/S 356/379/411 IPC PS Subzi Mandi
(i) PW1 SI Ram Pal Singh is the Duty Officer in the present case who deposed about the registration of the instant FIR and proved the same as Ex.PW1/A and his endorsement on the rukka as ExPW1/B.
(ii) PW2 complainant Janak Parsad deposed that on 18.03.2009, he had gone to Kashmere Gate for sending toys to Haridwar. He loaded the toys in the bus and was coming back in the same rickshaw in which he took the toys to Kashmere Gate. He further deposed that when he reached near St. Stephen Hospital, the rickshaw puller said that he will have the dinner and then he would go further. It was around 10.00 pm. He further deposed that since he was getting late, he started waiting for the bus of route No. 721. He could not get the bus despite waiting for 10 minutes and then he started moving on foot towards Barafkhana, Azad Market to catch the bus from there. He further deposed that when he reached in front of Petrol Pump, Postmortem Ghar U. ID NO. 02401R0192482009 Page No. 4 of 10 FIR No. 81/09 S/V Raju Kumar U/S 356/379/411 IPC PS Subzi Mandi (Mortuary) he was trying to make a call from his phone, meanwhile, one boy came and snatched his mobile. That boy also gave punch blow on his face and nose due to which he fell down.
That boy started running away from the spot with the mobile towards Phus Sarai. He further deposed that he raised alarm on which one public person who was going on his motorcycle stopped there and made inquiries from him. The motorcycle rider (whose name lateron came to know as Sh. Raj Kumar) and complainant chased the accused. They reached near the accused and accused threw his mobile on the road and in this process, cover of the mobile was lost. Accused then ran towards the street of Sarai Phus and he was apprehended with the help of public person also. He further deposed that he made 100 number call. He proved his statement as Ex.PW2/A. The mobile was handed over to police which was taken into possession vide memo Ex.PW2/B. He proved the arrest and personal search memos of U. ID NO. 02401R0192482009 Page No. 5 of 10 FIR No. 81/09 S/V Raju Kumar U/S 356/379/411 IPC PS Subzi Mandi the accused as Ex.PW2/C & PW2/D. He obtained the mobile phone on superdari vide superdarinama Ex.PW2/E. His application for release of mobile phone is Ex.PW2/F. At the time of incident, he was using Sim bearing No. 9213945253. He could not produce the mobile in the Court stating that the same was lost by him at DBG road and regarding this, he had lodged an NCR vide No. 681/2011 dt. 19.04.2011. Photocopy of the same was marked as MarkA. He correctly identified the accused and the photograph of the mobile in the Court.
(iii) PW3 Sh. Raj Kumar s/o Sh. Goma Singh deposed that on 18.03.2009 at about 09.00 pm when he reached Bullward road opposite Petrol Pump, he saw the accused beating Janak Prasad. On inquiry from Janak Prasad, he came to know that accused had snatched his mobile phone. The accused thereafter started fleeing from the spot. He further deposed that he made Janak Prasad sit on his motorcycle and followed the accused. Near the Sarai phoos U. ID NO. 02401R0192482009 Page No. 6 of 10 FIR No. 81/09 S/V Raju Kumar U/S 356/379/411 IPC PS Subzi Mandi gate, accused was apprehended and while running he had thrown the mobile from the road. In the meantime, police personnel also came at the spot to whom the custody of the accused was handed over. The mobile was seized vide seizure memo Ex.PW2/B. He also proved the arrest and personal search memos of the accused as Ex.PW2/C & PW2/D respectively. He correctly identified the accused and the photograph of the mobile in the Court.
(iv) PW4 Ct. Krishan Kumar and PW5 ASI Rajinder deposed that after receiving the PCR call, they reached at Sarai Phoose gate where complainant Janak Prasad met them who produced the accused namely Raju with a Samsung Mobile without cover on battery side. IO / PW5 recorded the statement of the complainant and got the FIR registered through PW4. The mobile was seized vide seizure memo Ex.PW2/B. Accused was arrested and personally searched vide memos Ex.PW2/C & 2/D respectively. The accused was sent to lockup. PW5 ASI Rajinder U. ID NO. 02401R0192482009 Page No. 7 of 10 FIR No. 81/09 S/V Raju Kumar U/S 356/379/411 IPC PS Subzi Mandi recorded the statement of public witness Raj Kumar . PW5 prepared the site plan at the instance of complainant which is Ex.PW5/B. Both the witnesses correctly identified the accused in the Court.
Statement of accused and defence
4. After concluding prosecution evidence, accused has been examined u/s 313 CrPC during which he claimed his innocence. He further stated that he had been falsely implicated in the instant case. He further stated that he was chasing a bus of route No. 923 for going to his residence at Ranhola. Suddenly one bike wala caught hold him and started beating on the assumption that he (accused) had committed some theft although he had not so committed. Thereafter police came and arrested him. He did not prefer to lead any evidence in defence.
Arguments and appreciation of evidence
5. Ld. Defence counsel argued that accused has been falsely implicated by the complainant. He also submitted that the stolen mobile U. ID NO. 02401R0192482009 Page No. 8 of 10 FIR No. 81/09 S/V Raju Kumar U/S 356/379/411 IPC PS Subzi Mandi phone could not be produced in the Court. He prayed for acquittal of the accused.
6. PW2 correctly identified the accused as the person who snatched the mobile phone from his hands by using force. PW3 supported the version of PW2 when he stated that he saw one person giving beatings to PW2. Both these witnesses consistently stated that on the motorcycle of PW3, they followed the thief and apprehended him. Nothing has come out in the crossexamination so as to disbelieve these witnesses.
7. From the testimonies of PWs, especially the statements of PW2 and PW3, the prosecution has firmly established that the accused used criminal force while committing the theft of mobile phone of the complainant. It has also been proved that the accused committed the theft. The charges u/s 379 and 356 IPC have been duly proved against the accused.
8. Regarding Section 411 IPC, Ld. Defence counsel rightly argued that the mobile phone was not recovered from the hands of the accused, U. ID NO. 02401R0192482009 Page No. 9 of 10 FIR No. 81/09 S/V Raju Kumar U/S 356/379/411 IPC PS Subzi Mandi therefore, the charge u/s 411 IPC is not proved.
Conclusion
6. From the discussion made hereinabove and evidence available on record, prosecution has firmly established the charges u/s 379 IPC and 356 IPC against accused Raju Kumar beyond shadow of doubt. However, prosecution has failed to establish that the stolen mobile phone was recovered from the possession of the accused. Hence, accused Raju Kumar is convicted for the offences u/s 379/356 IPC and acquitted for the offence u/s 411 IPC.
Arguments on sentence shall be heard separately.
Announced in open court (Neeraj Gaur)
today i.e. 24.01.2013 Metropolitan MagistrateIII/N
Tis Hazari Courts, Delhi
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