Delhi District Court
Criminal Case/244/2012 on 16 April, 2013
IN THE COURT OF MS.PURVA SAREEN, MM01,
SOUTH, SAKET COURTS, NEW DELHI
FIR No.244/12
PS SJ Enclave
U/s 379/411 IPC
State v. Tarun Kathuria
16.04.2013
ORDER ON CHARGE
Vide this order I shall decide the point of charge against the accused
persons Tarun Kathuria.
1.The charge sheet has been filed in the present case u/s 379/411 IPC. It has been alleged in the complaint of the complainant that on the intervening night of 12/13.07.2012 accused had taken envelope containing four VIP Airport Car Passes and cash of Rs.3,000/ from the reception of the Chhatisgarh Sadan. On inquiry, it was found that during the said period one person namely Tarun had come from Nehru Place to meet one Sachin Narwal. He entered in Chhatisgarh Sadan and after around 7/8 minutes he went out from the main door. When he was called up on his mobile, he confirmed that he had come on the day and he was asked to return the envelope having cash of Rs.3,000/ and four VIP Airport Car passes. When he did not return after waiting for sometime, police was informed and he was again called to came and return the stolen articles.
2. After sometime a person came with white envelope to Chhatisgarh Sadan to be returned the same to security officer Sachin Narwal. On checking the envelope four VIP Airport Car passes and cash of State v. Tarun Kathuria Page 1 FIR No.244/12 PS SJ Enclave Order on charge Rs.3,000/ were recovered from the said envelope.
3. FIR was registered upon the complaint of security officer. Charge sheet was filed. Copies were supplied and arguments were addressed on the point of charge.
4. On perusal of the documents on record and after going through the entire statements u/s 161 CrPC and on hearing arguments on Ld. APP for the state and ld. Defence counsel.
5. I have come to the following conclusions :
(i) Ld. counsel for accused submitted that the envelope was taken by the accused under misconception that the same were the documents which he was supposed to take from Chhatisgarh Sadan from Sachin Narwal with whom he was having business relations.
(ii) Moreover, the accused is a businessman and income tax payee for whom the theft of mere Rs.3,000/ seems unbelievable.
6. On perusal of the entire complaint, statements u/s 161 CrPC it is observed that it has been admitted by the accused that he had came to the Chhatisgarh Sadan. He has also confirmed that he had taken the said envelope and he immediately returned the same to security officer after realizing that the same did not belong to him. Had there been any intention on part of the accused to keep the said envelope he would have not attend the call from security officer nor he would have return the said money/envelope.
State v. Tarun Kathuria Page 2 FIR No.244/12 PS SJ Enclave Order on charge
7. The theft is defined under section 378 of IPC as "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". The main ingredients of the offence of theft are (i) dishonest intention, (ii) moving of property and
(iii) out of possession of the person without his consent.
8. In the present case first ingredient of dishonest intention has not been satisfied as the accused prima facie never had intention to take away the car passes or Rs.3,000/ as he returned the same as it is within few hours of realising that the same did not belong to him. Secondly, the factum of absence of consent of complainant has also not been stated as envelope in question was handed over to the accused by security person himself. In the absence of the two of the ingredients, the offence punishable u/s 379 IPC is not made out.
9. As far as section 411 IPC is concerned, the accused himself returned the goods and he was never found in possession of stolen articles.
10.Hence, accused stands discharged us 379/411 IPC.
11.Ordered accordingly.
12.File be consigned to record room.
Announced in the open court (PURVA SAREEN)
on 16th April 2013 MM01/SOUTH/SAKET COURT
NEW DELHI
State v. Tarun Kathuria Page 3
FIR No.244/12 PS SJ Enclave Order on charge