Delhi District Court
State vs Sunil Masih on 4 May, 2007
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IN THE COURT OF SH V.K. GOYAL, ADDL. SESSIONS JUDGE: DELHI
SESSION CASE NO. 187/05.
FIR NO. 603/05
PS KAMLA MARKET.
U/S 328/379/411/34 OF IPC.
STATE
VERSUS
1. SUNIL MASIH,
S/O MADAN MASIH,
R/O C-112, INDRA VIKAS COLONY,
NIRANKARI COLONY,
DELHI.
2. PHILIP @ VICKY,
S/O FRANCIS GILL,
R/O C-111, INDRA VIKAS COLONY,
NIRANKARI COLONY,
DELHI. (JUVENILE TRIED BY JUVENILE JUSTICE BOARD).
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JUDGMENT:-
1. This case was registered on the statement dated 06.08.2005 of one Anshul Verma S/O Sh. R. K. Kalyan, R/O N-349, Shivalik Nagar, BHEL, Hardwar, Uttranchal and presently resident at D-II/6, West Kidwai Nagar, New Delhi, wherein he has stated that he resides at the above address and is studying in 2nd year of decree in Technology in IEC College of Engineering, Greater Noida. On 04.08.2005 at 6.30 AM Morning, he reached at New Delhi Railway Station by Jan Shatabdi Express and started waiting for bus route no. 505 at the bus stand. At about 11.30 AM, one boy, aged about 17-18 years, small height, curly hairs, black colour having bag in his hand, came there and started talking with him of friendship and said that he had also to board the bus route no. 505. He also told him that today is his birthday and offered him biscuits. He took the biscuits in friendship and consumed. After a long wait, the bus route no. 505 came, which goes to Mahrauli. He boarded the bus In front of police station Kamla Market. That boy also boarded the bus and sat with him.
2. He has further stated that he was having one raksin hand bag, on which word "JUMP" was written, in which he was having his belongings i.e. his jeans pent, T-shirt, sheet, leather belt, shaving kit, school bag, two bank drafts nos. 178/5 dated 03.08.2005 for a sum of Rs.3,600/- and 179/5 dated 3 03.08.2005 for a sum of Rs.45,350/-, one wrist watch TITAN (Sonata) black strap and golden colour and his purse containing Rs.450/-. He lost his consciousness after passing the INA market and regained his consciousness at Safdarjung Hospital. He found his hand bag was missing. He was confident that his belongings were taken away by the said boy, who had given him intoxicated biscuits. He has stated that on seeing that boy, he can identify him and he does not knew him before the incident. He requested for necessary legal action.
3. On this statement, a rukka was prepared by ASI Rajbir Singh and got registered the case FIR no. 603/05 under section 328/379 of IPC. On the directions of SHO, investigation of the case was handed over to ASI Ravinder Kumar.
4. During investigation, discharge slip of the injured was received from the hospital. Site plan was prepared. Statements of witnesses were recorded and accused was searched. On 16.08.2005, information was received from HC Charan Dass Singh of police station New Ashok Nagar that accused Phillip and Sunil Masih were arrested. Accused Sunil Masih had made his disclosure statement regarding committal of the offence of this case and some case property was also recovered from their possession. Accused both were arrested in the court in this case and their personal search were conducted. Bone X-ray of accused Phillip was got 4 conducted to ascertain his age as per the order of the Learned Metropolitan Magistrate. Both the accused persons refused to join the TIP. Case property was identified by the complainant. It was seized in this case and was deposited with MHC(M).
5. After completion of investigation, charge sheet under section 328/379/411/34 of IPC was filed against both the accused persons before the court of concerned learned Metropolitan Magistrate. Vide orders dated 18.11.2005, accused Phillip was sent for trial before Juvenile Justice Board and case against accused Sunil Masih was committed to the court of sessions and was assigned to this court.
6. On 18.01.2006, after hearing the arguments, charge was framed against the accused Sunil Masih under section 328/379/34 of IPC and 411/34 of IPC, to which he has pleaded not guilty and claimed trial.
7. To prove its case, prosecution has examined PW-1 to 15 in all.
Out of which PW-6 is complainant Anshul Verma. He has deposed the same facts as deposed in his complaint Ex. PW-1/A.
8. Witnesses to the investigation are PW-1 to 5, 7 to 13.
9. PW-1 is ASI Rajbir Singh, who had prepared the rukka Ex. PW-
1/B on the statement Ex. PW-1/A of complainant dated 06.08.2005 and handed over the same to DO. Further investigation was handed over to ASI Ravinder Kumar. Complainant also handed over the copy of discharge 5 summary Mark A to him.
10. PW-2 is constable Ved Prakash. On 06.08.2005, he alongwith ASI Ravinder Kumar and complainant went to the spot at bus route no. 505, Kamla Market. IO prepared the site plan at the instance of complainant and also made enquiries from the public to trace the accused but could not trace. His statement was recorded by the IO.
11. PW-3 is HC Hemraj Singh, who had registered the FIR No. 603/05 Ex. PW-3/A on 06.08.2005 at about 5 PM.
12. PW-5 is HC Vinod Kumar. On 11.10.2005, he was working as MHC(M) at police station New Ashok Nagar. HC Charan Dass had deposited the case property of case FIR No. 365/05 and he made relevant entry in register no. 19 and on the same day, ASI Ravinder of police station Kamla Market alongwith one complainant came to Malkhana. The above said case property was shown to the witness, who has identified his Sonata watch and biscuits packets. These were sealed in polythene pack with the seal of CDS and handed over to ASI Ravinder Kumar vide RC no. 183/21. His statement was recorded. He has identified the watch as Ex. P-1 and mobile charger as Ex. P-2 before the court.
13. PW-8 is HC Charan Dass. On 15.08.2005, he was on patrolling duty with constable Pawan Kumar, constable Om Prakash, constable Chattar Singh and constable Satya Prakash in the area of police station 6 New Ashok Nagar. At about 2.15 PM, when they were present near Raj Sweets, Mayur Vihar Phase III, he received one secret information that two boys, who will let down from the bus route no. 211 used to offer intoxicated biscuits to the passengers and when they became unconscious, they robbed them. On this information, he prepared a raiding party of themselves and reached at the spot and requested 3-4 passersby to join the raiding party but none obliged.
14. At about 2.45 PM, accused Sunil Masih alongwith other accused (juvenile) let down from bus route no. 211. The other boy (juvenile) was having a travelling bag word printed on it JUMP on his shoulder. Both were apprehended at the instance of the informer. On checking the bag, there were three packets of biscuits of Sun Feast make, one mobile charger, one packet of Atinam 2 MG tablets and some papers. The juvenile accused also disclosed that the wrist watch, which is on the wrist of accused Sunil Masih had stolen by them from a boy about 8-10 days ago by offering the biscuits to him. The watch was also recovered from the wrist of the accused Sunil Masih. He sealed the tablets, watch and mobile charger in a poly envelope with the seal of CDS and the biscuits were also sealed separately in another envelope with the same seal and seized both vide memo Ex. PW-4/B. After completing the other proceedings, case was lodged at police station New Ashok Nagar.
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15. During the further investigation, both the accused also got recovered the stolen goods from their houses. Both the accused persons made disclosure statements which were recorded by him. Disclosure statement of accused Sunil Masih is Ex. PW-4/A.
16. He has identified the accused Sunil Masih and the case property before the court. Watch as Ex. P-2 and travelling bag as Ex. P-3.
17. PW-4 is constable Satya Prakash. PW-7 is constable Pawan. PW-10 is constable Om Kumar and PW-11 is Chattar Singh. They all were in patrolling duty with PW-8. They all have deposed the same facts as deposed by PW-8 HC Charan Dass.
18. PW-9 is constable Yogesh Kumar. On 20.08.2005, he was posted as Naib Court in Tis Hazari Court from police station Kamla Market in the concerned court. Accused Sunil Masih and Phillip were produced before the court from JC. IO moved an application for formal arrest of both the accused persons, which was allowed. Both accused persons were formally arrested. Arrest memo of accused Sunil Masih is Ex. PW-9/A. During custody, accused persons made disclosure statements which were recorded by the IO as Ex. PW-9/B and Ex. PW-9/C. His statement was also recorded by the IO.
19. PW-12 is constable Raj Kumar. On 16.08.2005, at about 11.20 AM, he recorded the information at DD no. 27B Ex. PW-12/A, which was 8 received from police station New Ashok Nagar, regarding the involvement of accused Sunil in the present case.
20. PW-13 is ASI Ravinder Kumar. On 06.08.2005, on receiving the investigation of the case, he reached at the spot alongwith complainant and prepared site plan Ex. PW-13/A.
21. On 16.08.2005, on receiving the information from police station Ashok Nagar, District East that accused persons namely Phillips and Sunil Masih had made disclosure statements regarding the incident of present case, he had applied for their production warrant. On 20.08.2005, they were produced before the court and after taking the permission, he arrested the accused persons. Accused Sunil Masih was arrested vide arrest memo Ex. PW-9/A and his personal search was conducted vide memo Ex. PW- 13/B. Accused Phillip was also arrested. Both accused persons had made their disclosure statement Ex. PW-9/B and PW-9/C.
22. HC Charan Dass had already recovered one wrist watch, one bag on which word JUMP was written, some clothes and he had also seized the biscuits alongwith some tables, which were used by the accused persons in intoxicating the various persons and then committing offences. He had collected the relevant papers from HC Charan Dass. Seizure memo of accused Sunil Masih is Ex. PW-11/A and Ex. PW-11/B. Disclosure statement of accused Sunil Masih is Ex. PW-4/A. Seizure memo of tablets 9 and bag with word JUMP of Sunil Masih is Ex. PW-4/B.
23. He had also collected the case property from the malkhana of police station New Ashok Nagar vide seizure memo Ex. PW-5/A. The biscuit packets alongwith tablets were sealed alongwith one mobile charger by HC Charan Dass. He had produced the said pullanda in the court of learned Learned Metropolitan Magistrate, where the charger and wrist watch were separated from the biscuits and tablets and were sealed with the seal of court. Pullanda of biscuits and tablets was sent for examination to FSL. The bag and clothes were deposited in the malkhana of police station Kamla Market. Accused Philips was found to be a juvenile and was produced before Juvenile Justice Board.
24. He has identified the accused Sunil Masih and the case property before the court. Wrist watch as Ex. P-1, charger as Ex. P-2 and travelling bag as Ex. P-3.
25. After completion of investigation, he filed the challan. He had also collected the result of FSL Ex. PW-13/A and filed the same in the court vide his application Ex. PW-13/C.
26. Witnesses to the MLCs are PW-14 and 15.
27. PW-14 is Dr. Sachin Budhiraja. On 05.08.2005, after examining the relevant papers, he had prepared discharge summary Ex. PW-14/A of the complainant, which bears his signatures at point A1. 10
28. PW-15 is Amit Rawat, SA, FSL, Rohini, Delhi. He has identified the signatures of Dr. Madhulika Sharma, Assistant Director (Chemistry), FSL, on the report of FSL Ex. PW-15/A at point A1.
29. After completion of the evidence, statement of accused Sunil Masih was recorded. He has denied the evidence on record and stated that he is innocent and falsely implicated in the present case. He was lifted from his house and nothing was recovered from his possession.
30. In defence, accused examined DW-1 Victor Simon. He has stated on 12.08.2005, he was present in the house of accused at Nirankari colony at about 12-12.30 PM day. He had gone there to see the nephew of the accused as he was not well. 4-5 police officials came. Some were in civil dress and some were in uniform. Accused was taken by them on the pretext that accused was called by their officer. Thereafter, he did not come to know about the accused for 2-3 days. Later on, he came to know that the police officials were from police station Ashok Nagar.
31. I have heard the learned APP for the State and counsel Sh. Ayub Ahmed Qureshi for the accused and also gone through the material placed on record.
32. The case was registered on the statement of one Anshul Verma, who has been examined by the prosecution as PW-6. He has stated that on 04.08.2005 at 6.30 AM morning, he reached at New Delhi Railway 11 Station by Jan Shatabdi Express, which he boarded from Hardwar and started waiting for bus route no. 505 on the bus stand. At about 11.30 AM when he was present at bus stand Kamla Market and was waiting for bus route no. 505, Accused was also present and and he was having a bag in his hand. They both started talking with each other. Accused told him that he was also waiting for bus route no. 505. He also told him that today was his birthday and offered him biscuits. He took the biscuits from him and consumed. After a long wait, the bus came and they both boarded the same. Accused and he took one seat. He was having one hand bag with him, which was containing his belongings including two bank drafts, his jeans pent, T-shirt, leather belt and shaving kit. He was also having one Titan make watch and purse containing Rs.450/- in his pocket.
33. He just remembered that the bus reached near INA, thereafter he does not know anything and he became unconscious. When he regained his consciousness, he found himself in Safdarjung Hospital and found that his belongings were missing. He has confident that his belongings were taken away by the said person, who met him at the bus stop and boarded the bus with him and identified the accused Sunil Masih as the same person.
34. He has further stated that he was discharged from the hospital on the next day and police also recorded his statement Ex. P-3 bearing his 12 signatures at point A3.
35. On 11.10.2005, he with the police officials went to Police Station Ashok Nagar, where he identified his watch and bag. He also signed Ex. PW-5/A at point A2. Accused is the same person who had offered him the biscuits and by taking the same, he became unconscious and accused took away his belongings.
36. PW-6 has identified the accused Sunil Masih and articles which were recovered from the possession of accused before the court. Travelling bag as Ex. P-3, Sonata (Titan) as Ex. P-2. Accused has not claimed the articles as his own in any manner. PW-6 has not been cross examined by the learned defence counsel for the accused in any manner, hence the testimony of this witness went unrebutted and unshaken.
37. PW-1 is ASI Rajbir Singh. He has corroborated with PW-6. He has stated that on 06.08.2005, he was posted at Police Station Kamla Market and on that day, on the directions of SHO, he reached at Kidwai Nagar, house of complainant Anshul Verma, who handed over him copy of his discharge summary Mark A. He recorded the statement Ex. PW-1/A of the complainant and prepared rukka Ex. PW-1/B and on the directions of SHO handed over the same to ASI Ravinder Kumar for investigation. 13
38. This witness has also not been cross examined by the learned counsel for the accused in any manner, hence the testimony of this witness went unrebutted and unshaken.
39. PW-3 is HC Hemraj Singh. He has also corroborated with PW-1 and 6. On 06.08.2006, he was posted as DO at Police Station Kamla Market and at about 5 PM, ASI Ravinder Singh handed over to him one tehrir Ex. PW-1/B and on the basis of the same, he registered the FIR No. 603/05 Ex. PW-3/A and further investigation was handed over to ASI Ravinder Kumar. He also made endorsement Ex. PW-1/B at point B2. Copy of FIR and original rukka was handed over to ASI Ravinder Kumar.
40. PW-2 is constable Ved Prakash. He has stated that on 06.08.2005, he was posted at Police Station Kamla Market. On that day, he alongwith ASI Ravinder Kumar and complainant went to the spot at bus route no. 505, Kamla Market. IO prepared the site plan at the instance of complainant and also made enquiries from the public to trace the accused but could not trace. His statement was recorded by the IO.
41. Both these witnesses have not been cross examined by the learned counsel for the accused in any manner, hence their testimonies went unrebutted and unshaken.
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42. The accused was arrested by the police officials of Police Station New Ashok Nagar.
43. Witnesses to the investigation are PW-4,7,8,10 and 11.
44. PW-8 HC Charan Singh is the IO, who arrested the accused. He has stated that on 15.08.2005, he was on patrolling duty with constable Pawan Kumar, constable Om Prakash, constable Chattar Singh and constable Satya Prakash in the area of police station New Ashok Nagar. At about 2.15 PM, when they were present near Raj Sweets, Mayur Vihar Phase-III, he received one secret information that two boys, who will let down from the bus route no. 211 used to offer intoxicated biscuits to the passengers and when the passengers became unconscious, they robbed them. On this information, he prepared a raiding party of themselves and reached at the spot and requested 3-4 passerby to join the raiding party but none obliged.
45. At about 2.45 PM, accused Sunil Masih alongwith other accused (juvenile) let down from bus route no. 211. The other boy (juvenile) was having a travelling bag word printed on it JUMP on his shoulder. Both were apprehended at the instance of the informer. On checking the bag, there were three packets of biscuits of Sun Feast make, one mobile charger, one packet of Atinam 2 MG tablets and some papers. The juvenile accused also disclosed that the wrist watch, which was on the wrist of accused Sunil 15 Masih had stolen by them from a boy about 8-10 days ago by offering the biscuits to him. The watch was also recovered from the wrist of the accused Sunil Masih. He sealed the tablets, watch and mobile charger in a poly envelope with the seal of CDS and the biscuits were also sealed separately in another envelope with the same seal and seized both vide memo Ex. PW-4/B. After completing the other proceedings, case was lodged at police station New Ashok Nagar.
46. Both the accused persons made disclosure statement which were recorded by him. Disclosure statement of accused Sunil Masih is Ex. PW- 4/A. The case property was produced from a sealed envelope containing one mobile charger and one watch make Sonata. He has identified the accused Sunil Masih and the case property before the court. Mobile phone charger as Ex. P-1 and Sonata Watch as Ex. P-2.
47. All the witnesses i.e. PW-4 constable Satya Prakash, PW-7 constable Pawan, PW-10 constable Om Kumar and PW-11 Chattar Singh,who were in patrolling duty with PW-8, have deposed the same facts as deposed by PW-8 and have corroborated each other.
48. Besides the above fact, PW-10 constable Om Kumar has further deposed that HC Charan Dass made enquiries from Police Station Kamla Market regarding reporting of any such incident and it was told to him that FIR no. 603/05 has already been registered in respect of the incident. 16
49. During the examination of these witnesses, original file of case FIR no. 365/05 of Police Station New Ashok Nagar was also produced.
50. PW-5 is HC Vinod Kumar. On 11.10.2005, he was working as MHC(M) at police station New Ashok Nagar. HC Charan Dass had deposited the case property of case FIR No. 365/05 and he made relevant entry in register no. 19 and on the same day, ASI Ravinder of police station Kamla Market alongwith one complainant came to Malkhana. The above said case property was shown to the witness, who has identified his Sonata watch and biscuits packets. These were already sealed in polythene pack and handed over to ASI Ravinder Kumar vide RC no. 183/21. His statement was recorded. He has identified the watch as Ex. P-1 and mobile charger as Ex. P-2 before the court.
51. PW-12 is constable Raj Kumar. On 16.08.2005, he was posted at Police Station Kamla Market as DD writer. On that day, at about 11.20 AM, he recorded the information at DD no. 27B Ex. PW-12/A, which was received from police station New Ashok Nagar, regarding the involvement of accused Sunil in the present case. This witness has also not been cross examined by the learned defence counsel, hence the testimony of this witness went unrebutted and unshaken.
52. The learned defence counsel has contended that as per case of the prosecution, the case property was recovered on 15.08.2005 and was 17 sealed in a pullanda with the seal of CDS, whereas according to the deposition of PW-5, complainant with IO reached at Police Station and identified the case property in the malkhana, which shows that the case property was desealed or it was not sealed at all, otherwise it could not have been identified by the complainant in the pullanda.
53. In this respect, I would like to point out seizure memo Ex.PW-4/B, regarding the recovery of articles from accused Sunil Masih. It is mentioned in the seizure memo that the articles were sealed in the plastic polythene and the mouth of the polythene was tied with the cloth rope. This shows that the articles were visible in the sealed transparent polythene, hence there was no need to deseal the polythene for identification of the case property by the complainant. Therefore, the contention of the learned defence counsel is not tenable in any manner.
54. PW-9 is constable Yogesh Kumar. On 20.08.2005, he was posted as Naib Court in Tis Hazari Court from police station Kamla Market in the concerned court. Accused Sunil Masih and Phillip were produced before the court from JC. IO moved an application for formal arrest of both the accused persons, which was allowed. Both accused persons were formally arrested. During custody, accused persons made disclosure statements which were recorded by the IO as Ex. PW-19/B and Ex. PW-19/C. His statement was also recorded by the IO.
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55. The testimony of this witness also went unrebutted and unshaken as this witness has not been cross examined by the learned defence counsel in any manner.
56. After the proceedings of Police Station New Ashok Nagar, PW-13 has stated that on 16.08.2005, on receiving the information from police station Ashok Nagar, District East that accused persons namely Phillips and Sunil Masih had made disclosure statement regarding the incident of present case, he had applied for their production warrant. On 20.08.2005 they were produced before the court and after taking the permission, he arrested the accused persons. Accused Sunil Masih was arrested vide arrest memo Ex. PW-9/A and his personal search was conducted vide memo Ex. PW-13/B. Accused Phillip was also arrested. Both accused persons had made their disclosure statement Ex. PW-9/B and PW-9/C.
57. HC Charan Dass had already recovered one wrist watch, one bag on which word JUMP was written and some clothes. He had also seized the biscuits alongwith some tables, which were used by the accused persons in intoxicating the various persons and then committing offences. He had collected the relevant papers from HC Charan Dass. Seizure memo of accused Sunil Masih is Ex. PW-11/A and Ex. PW-11/B. Disclosure statement of accused Sunil Masih is Ex. PW-4/A. Seizure memo of tablets and bag with word JUMP is Ex. PW-4/B. 19
58. He had also collected the case property from the malkhana of police station New Ashok Nagar vide seizure memo Ex. PW-5/A. The biscuit packet alongwith tablets was sealed alongwith one mobile charger by HC Charan Dass. He had produced the said pullanda in the court of learned Learned Metropolitan Magistrate, where the charger and wrist watch were separated from the biscuits and tablets and were sealed with the seal of court. Pullanda of biscuits and tablets was sent for examination to FSL. The bag and clothes were deposited in the malkhana of police station Kamla Market. Accused Philips was found to be a juvenile and was produced before Juvenile Justice Board.
59. He has identified the accused Sunil Masih and the case property before the court. Wrist watch as Ex. P-1, charger as Ex. P-2 and travelling bag as Ex. P-3.
60. PW-13 has been cross examined by the learned counsel for the accused but he is witness of formal nature because recovery was effected from the accused by the police party of Police Station New Ashok Nagar, hence nothing came out from his deposition to disbelieve his testimony.
61. PW-14 is Dr. Sachin Budhiraja. On 05.08.2005, after examining the relevant papers, he had prepared discharge summary Ex. PW-14/A of the complainant, which bears his signatures at point A1. In discharge summary, it is mentioned that it was the case of dhatura poisoning. 20
62. PW-15 is Amit Rawat, SA, FSL, Rohini, Delhi. He has identified the signatures of Dr. Madhulika Sharma, Assistant Director (Chemistry), FSL, on the report of FSL Ex. PW-15/A at point A1. According to the report, after examining the Ex. 1 i.e. tablets and Ex. 2 i.e. biscuits, on thin layer chromatography and Gas chromatography mass spectroscopy examination, exhibits were found to be containing lorazepam. Both these witnesses have not been cross examined on any material point.
63. From the deposition of PW-14, it is clear that some intoxication was given to the complainant by accused Sunil Masih in eatable and it has been mentioned so in Ex. PW-14/A. During examination, complainant was found drowsy and disoriented. Complainant has identified accused Sunil Masih before the court as the same person, who met with him at bus stand bus route no. 505 and boarded the same with him and on the pretext of his birthday offered intoxicated biscuits to the complainant, which were consumed by the complainant and after some time, complainant became unconscious and when he regained his consciousness in the hospital, he found his belonging were missing and has further proved that his belonging were taken away by accused Sunil Masih.
64. Later on by the police officials of Police Station New Ashok Nagar, one wrist watch make Sonata was recovered from the possession of accused Sunil Masih. The said watch has been identified by the 21 complainant in the malkhana and also before the court. Accused Sunil Masih has not claimed the ownership of the said wrist watch make Titan Sonata. The incident took place on 04.08.2005 and accused Sunil Masih was apprehended on 15.08.2005 i.e. just few days after the incident.
65. The learned defence counsel has contended that the accused Sunil Masih was lifted from his house and he has not committed the offence. To prove this fact, DW-1 Victor Simon has been examined, who has stated that on 12.08.2005, he was present in the house of the accused at Nirankari Colony as he had gone to see the nephew of accused, who was not well. At about 12-12.30 PM, 4-5 police officials came there and accused was taken by them.
66. In the cross examination, DW-1 has admitted that he does not know about the facts of the case. He has also admitted that accused is the husband of his elder sister-in-law. He has further admitted that no complaint was given to the police or to any higher official regarding the lifting of the accused from his house on 12.08.2005. From the cross examination of DW-1, it is clear that he is relative of the accused and is interested witness, hence he can not be relied upon in any manner. Moreover, this fact has not been suggested to any of the witness in their examination nor any complaint was lodged by the family members of the accused that accused was lifted on 12.08.2005 by some police officials. 22
67. In view of the above discussions, prosecution has completed the chain of evidence against the accused. All the witnessed have corroborated each other. Nothing has been brought on record to disbelieve the testimonies of the witnesses in any manner. Accordingly, prosecution has been able to prove the offence punishable under section 328 and 379 of IPC against the accused Sunil Masih beyond reasonable doubts, for which he is held guilty and is convicted for the same.
ANNOUNCED IN THE OPEN COURT ON 03.05.2007.
(V. K.GOYAL) ADDITIONAL SESSION JUDGE, DELHI.
2303.05.2007.
Present :- APP for the State.
Accused produced from JC with counsel Sh. Ayub Ahmed Qureshi.
Vide judgment announced of even date on separate sheets, accused Sunil Masih is held guilty and convicted for offences punishable under section 328 and 379 of IPC.
Adjourned for arguments on sentence on 04.05.2007.
(V. K.GOYAL) ASJ/DELHI.
03.05.2007.
24IN THE COURT OF SH V.K. GOYAL, ADDL. SESSIONS JUDGE: DELHI SESSION CASE NO. 187/05.
FIR NO. 603/05
PS KAMLA MARKET.
U/S 328/379/411/34 OF IPC.
STATE VERSUS SUNIL MASIH, S/O MADAN MASIH, R/O C-112, INDRA VIKAS COLONY, NIRANKARI COLONY, DELHI.
ORDER ON SENTENCE:-
04.05.2007.
Present :- APP for the State.
Convict Sunil Masih produced from JC with counsel Sh. Ayub Ahmed Qureshi.
Heard on sentence.
It is contended by the learned defence counsel that the convict is aged about 31 years. He is married having 3 childrens. Out of which, elder 25 one is daughter, who is aged about 16 years and is student of 8th class. Second one is boy, who is aged about 14 years and is also student of 8th class and third one is also a boy, who is aged about 13 years and is student of 7th class.
It is further submitted by the learned counsel for the convict that convict has to support his widow mother, who is aged about 68 years. Convict is only bread earner of his family and was working as a white washer. It is submitted that accused remained in custody in this case for 2 ½ months during trial. It is prayed that the lenient view be taken and accused be released on probation of good conduct.
On that other hand, ld.APP has contended that convict committed theft of belonging of the complainant after offering him intoxicated biscuits and only one Titan Sonata watch was also recovered from the possession of the convict, out of other belongings of the accused.
Accused is facing trial for 7-8 cases under different offences and is convicted in a case under section 308 of IPC, hence appropriate punishment be imposed.
Offence u/s.328 of IPC is punishable with imprisonment, which may extend to 10 years and shall also be liable to fine.
Offence u/s.379 of IPC is punishable with imprisonment, which may extend for 3 years or with fine or with both.
Considering the above facts and circumstances, the age and antecedents of the convict as well as the gravity of the offence proved with the value of the stolen property, sentence of 3 years RI is imposed upon the convict alongwith fine of Rs.5,000/- for offence u/s.328 of IPC. In default of payment of fine, the convict shall further undergo RI for six months.
Sentence of 3 years RI is imposed upon the convict alongwith fine 26 of Rs.5,000/- for offence u/s.379 of IPC. In default of payment of fine, the convict shall further undergo RI for six months.
Both the sentences shall run concurrently. Benefit of section 428 of Cr.P.C. be given to the convict. Fine not deposited. Convict is remanded to serve the sentence. File be consigned to record room.
(V. K.GOYAL) ADDITIONAL SESSION JUDGE, DELHI.
2704.05.2007.
Present :- APP for the State.
Convict Sunil Masih produced from JC with counsel Sh. Ayub Ahmed Qureshi.
Vide judgment and order on sentence announced of even date on separate sheets, sentence of 3 years RI is imposed upon the convict alongwith fine of Rs.5,000/- for offence u/s.328 of IPC. In default of payment of fine, the convict shall further undergo RI for six months.
Sentence of 3 years RI is imposed upon the convict alongwith fine of Rs.5,000/- for offence u/s.379 of IPC. In default of payment of fine, the convict shall further undergo RI for six months.
Both the sentences shall run concurrently. Benefit of section 428 of Cr.P.C. be given to the convict. Fine not deposited. Convict is remanded to serve the sentence. File be consigned to record room.
(V. K.GOYAL) ADDITIONAL SESSION JUDGE, DELHI.