Delhi District Court
Judgment In Case State vs Nadir 1 Of10 on 15 January, 2015
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IN THE COURT OF MS. HEMANI MALHOTRA, ADDITIONAL SESSIONS
JUDGE-05 (CENTRAL), TIS HAZARI COURTS, DELHI
Sessions Case No.29/2014
FIR No. 31/03
P.S. Chandni Mahal
Under Section: 411/471 IPC
Unique ID No. 02401R0545102004
State
Versus
Nadir
S/o Mohd.Zakir
R/o House No.2404, Gali Rang Wali, Phatak
Hawas Khan, Tilak Bazar,
Lahori Gate, Delhi.
DATE OF INSTITUTION : 19.07.2004
RECEIVED BY THIS COURT
BY WAY OF TRANSFER : 12.02.2014
DATE OF RESERVATION OF JUDGMENT : 13.01.2015
DATE OF ANNOUNCEMENT OF JUDGMENT : 13.01.2015
JUDGMENT
1. Accused Nadir S/o Mohd. Zakir was committed to the court of Sessions by Learned ACMM stand trial U/s 411/471 IPC as the motorcycle (Yamaha RX-100) bearing registration no. DL-7SB-9500 with engine number and chasis number 002273 which was found stolen from outside the house of Moin Khan within the jurisdiction of PS Chandni Mahal in the morning of 19.2.2003 was recovered while it was being driven by accused Nadir on the night of 23.3.2004 which fake number plate of registration number DL-1SM-3957 and which was alleged to have been used for Judgment in case State Versus Nadir 1 of10 2 commission of murder of Yogesh Sharma on 25.2.2004 resulting in registration of FIR No.99/04 at PS Darya Ganj U/s 302 r/w 120B IPC and trial of accused persons including accused Nadir in the Sessions Case Number 29/14.
FACTS OF THE CASE
2. Briefly stated, the facts of prosecution case are that on 19.02.2003 complainant Moin Khan R/o House No. 2280-81 , Kucha Chalan, Gali Sarifuddin got recorded his first information statement at PS Chandni Mahal wherein he stated that he had parked his motorcycle make Yamaha RX100 bearing registration no. DL-7SB-9500 (cherry colour) having engine number and chasis number 002273 at about 10.30 PM on 18.2.2003 outside his house on the next day at about 8.30 am but he found his motorcycle missing. On the basis of statement of Sh. Moin Khan, FIR No. 31/03 was registered at PS Chandni Mahal U/s 379 IPC .
3. After registration of the case U/s 379 IPC, the investigation was assigned to ASI Vinod Kumar who prepared the site plan at the instance of the complainant. On 04.05.2004, an information was received at PS Chandni Mahal that the aforesaid motorcycle was involved in case FIR No.99/04 U/s 302/120 B IPC and U/s 25 Arms Act registered at PS Darya Ganj and the same was recovered with fake registration number plate bearing no, DL-1SM-3957 from the possession of accused Nadir who is in JC. Accused Nadir was formally arrested in the present case FIR No.31/03 and case property i.e. motorcycle in question and fake number plate were seized in the present case. After completion of investigation, chargesheet U/s 411/471 IPC was prepared and filed against the accused Nadir.
Judgment in case State Versus Nadir 2 of10
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CHARGE
4. After compliance of the provisions of Section 207 Cr.P.C., charges under Sections 411/471 IPC were framed against the accused Nadir to which he pleaded not guilty and claimed trial.
EVIDENCE
5. Prosecution in support of its case examined as many as ten witnesses.
6. The complainant Sh. Moin Khan R/o House No.2280-81, Kucha Chalan, Gali Sarifuddin, Delhi was examined as PW 1. He testified that he is the owner of motorcycle bearing registration No. DL-7SB-9500 which he had parked in front of his house at about 10.30pm on 18.2.2003. On the next morning, he found his aforesaid motorcycle missing and thereafter, he lodged a report / FIR Ex. PW1/A with the police. Later on, he came to know that his motorcycle was recovered by the police officials of PS Darya Ganj.
7. Jogender Nagpal, the person from whom complainant Moin Khan had purchased the motorcycle was examined as PW-2 in case of FIR no. 31/03 and as PW-6 in the Sessions case of FIR no. 99/04. He had testified that he was running a shop under the name and style of Shiv Shakti Motors at Karol Bagh dealing in sale and purchase of old vehicles on commission basis. On 10.10.2002, he had sold one motorcycle make Yamaha bearing registration No. DL-7SP-9500 to one Moin Khan for Rs. 19,500/-. The photocopy of the receipt issued to Moin Khan (PW1) was proved as Mark 'A'.
8. HC Ali Sher was examined as PW-4 in Sessions case of FIR No. 99/04 Judgment in case State Versus Nadir 3 of10 4 who testified that on 19.02.2003, when he was posted as Duty Officer in PS Chandni Mahal, complainant Moin Khan (PW1) had come to PS Chandni Mahal to register FIR, in pursuance of which, FIR No.31/03 U/s 379 IPC (Ex. PW4/A) qua the missing motorcycle of Moin Khan was recorded by him and the investigation of case FIR no.31/03 was handed over to ASI Vinod Kumar.
9. SI Sita Ram (PW5) deposed that on 04.05.2004, he was posted in PS Chandni Mahal and was working as Duty Officer from 08:00 P.M. to 08:00 A.M. On the said date, he had received an information from SI Sudhir Kumar, PS Darya Ganj regarding recovery of stolen motorcycle in case FIR no. 99/04 U/s 302/120B IPC which was the subject matter of case FIR no. 31/03 u/s 379 IPC PS Chandni Mahal. This information was recorded vide DD no. 5-B (Ex. PW5/A).
10. HC Riyaz Mohd. was examined as PW-28 in Sessions case of FIR No. 99/04. He testified that on 28.05.2004, when he was posted as MHCM, PS Chandni Mahal, ASI Dharamveer Singh deposited one number plate bearing registration no. DL 1SM 3957 of motorcycle make Yamaha in the malkhana. He proved the entry regarding the deposit of number plate at serial no. 1736 in register no. 19 as PW28/A.
11. Const. Laxmi Narayan was examined as PW29 in Sessions Case of FIR No.99/04. He deposed that on 19.02.2003, when he was posted at PS Chandni Mahal, he had joined the investigation with ASI Vinod Kumar. They went to House No .2280-81, Kucha Chalan, Gali Sarifuddin, Delhi where ASI Vinod Kumar prepared the site plan at the instance of the complainant Moin Khan. Search for the culprits was carried out but in vain.
Judgment in case State Versus Nadir 4 of10 5
12. Inspector Dharamvir Joshi, who was the IO in case FIR no. 99/04 was examined as PW-70 in Sessions case of FIR no. 99/04, PS Darya Ganj. He testified that on 23.03.2004, on receipt of secret information that accused Nadir who was wanted in FIR no. 99/04 was likely to come to Gali no. 22, Vijay Park, he alongwith the investigation team (comprising of SI Rajesh Malhotra, Ct. Pawan, Ct. Sudhir and SI Sudhir Kumar) and with accused Javed and Abrar (who were on police remand as accused in FIR no. 99/04) had gone to Gali no. 22, Vijay Park. A trap was laid at Gali no. 22, Vijay Park by putting barricades. One motorcycle was spotted coming at the spot bearing registration DL 1SM 3957. Accused Nadir was riding the same and he was apprehended at the spot riding on the motorcycle make Yamaha RX. At the pointing of accused Javed. He was arrested vide arrest memo Ex. PW68/M and his personal search was conducted vide personal search memo Ex. PW68/N. The motorcycle was seized vide seizure memo Ex. PW68/O. The case property was then deposited in the Malkhana of PS Darya Ganj.
13. SI Rajesh Malhotra and SI Sudhir Kumar, who were also part of the investigation team in the Session case of FIR no. 99/04 alongwith Inspector Dharamvir Joshi (PW-70) were examined as PW-68 & PW-69 in FIR no. 99/04. They corroborated the testimony of PW-70 Inspector Dharamvir Joshi on all material particulars with regards to interception of accused Nadie while riding the aforementioned motorcycle.
14. HC Mahesh Kumar examined as PW 17 in the Sessions case of case FIR No.99/04 u/ss 302/120 B PS Darya Ganj testified that he was posted as MHC(M) PS Darya Ganj on 23.04.2004 when Insp.D.V.Joshi deposited the articles of personal search of accused Nadir, cash of Rs.45/- and one Judgment in case State Versus Nadir 5 of10 6 motorcycle bearing registration no. DL-1SM 3957 make Yamaha RX-100 (black colour) . He proved the relevant entry as Ex.PW17/E made at serial no. 1988 of register No. 19. He further testified that on 28.05.2004 the recovered Yamaha motorcycle bearing registration No. DL 1SM 3957 was transferred to PS Chandni Mahal from Darya Ganj vide RC No. 24/21 (Ex.PW 17/P).
15. After conclusion of prosecution evidence, statement of accused u/s 313 Cr.P.C was recorded wherein he claimed his innocence stating that he has been falsely implicated in this case by planting the motorcycle in question. However, he did claim the motorcycle bearing registration no. DL7SB- 9500 (having fake registration number DL1SM 3957) as it did not belong to him. He did not opt to lead any evidence in his defence.
16. I have heard Sh.Rajeev Mohan, learned Special PP for the State and Learned Counsel Sh. R.P.Tyagi for the accused and have perused the material available on record with utmost care.
17. On appreciation of evidence, it emerges that PW-1 Sh.Moin Khan who was the owner of the stolen motorcycle make Yamaha RX bearing registration No. DL7SB- 9500 categorically testified that the motorcycle was stolen in the intervening night of 18/19.02.2003 and in this regard, he had lodged FIR No. 31/03 with PS Chandni Mahal (Ex.PW1/A). The bare perusal of the FIR (Ex.PW1/A) shows that he had given complete description with details of chasis and engine number of his motorcycle. He had specifically stated that he had parked his motorcycle Yamaha RX-100 bearing registration no. DL-7SB -09500, Cherry Colour, Model 1996 with engine and chasis no. 002273 outside his house at about 10.30 PM and same was found to be missing on the next day.
Judgment in case State Versus Nadir 6 of10 7
18. PW 70 Inspector Dharamvir Joshi who was the IO in case FIR No. 99/04 in his testimony had categorically stated that during the investigation of case FIR No.99/04 on receipt of a secret information regarding accused Nadir, the investigation team comprising of PW 68 SI Rajesh Malhotra, PW 69 SI Sudhir Kumar, himself and others had gone to Vijay Park on 23.03.2004 where they had apprehended accused Nadir riding on the stolen motorcycle with a fake number plate bearing registration no. DL 1SM 3957 alleged to have been used in the murder of Yogesh @ Babli. The stolen motorcycle bearing fake number plate of DL 1SM 3957 was seized vide seizure memo Ex.PW 68/O and deposited in the malkhana on the same day i.e 23.03.2004 (wrongly mentioned as 23.04.2004 for 23.03.2004 in the register no.19) vide entry at serial no.1988 in register no.19 (Ex.PW17/E). The document Ex.PW17/E on its bare perusal reveals that aforesaid motorcycle Yamaha RX 100 bearing registration no. DL 1SM 3957 had engine no. and chasis no.002273 which was transfered to PS Chandni Mahal vide RC No.24/21.Perusal of the document Ex. PW 17/P reveals that the motorcycle bearing No. DL 1SM 3957 (original registration no.DL 7SB 9500) make Yamaha which was the case property of case FIR No. 31/03 u/s 379 IPC PS Chandani Mahal was sent to PS Chandni Mahal through ASI Dharamvir Malik on 28.05.2004. PW 28 deposed that the fake number plate bearing registration no. DL 1SM 3957 was deposited in the malkhana vide entry at serial No. 1736 in register no.19 (Ex.PW28/A) on 28.05.2004. The entry at serial no.1736 proved as Ex.PW28/A also shows that the motorcycle bearing registration no. DL7 SB 9500 with engine and chasis no. 002273 involved in case FIR No.99/04 u/s 302/120 B IPC PS Darya Ganj was transfered to PS Chandni Mahal vide RC No.24/21 and deposited in the malkhana which was subsequently released to Moin Judgment in case State Versus Nadir 7 of10 8 Khan, PW1 on 17.09.2004 on superdari.
19. From the evidence discussed above, it is clearly established that accused Nadir was found in possession of the stolen motorcycle of Moin Khan/complainant/PW1 stolen on the night intervening 18th/19th February'2003 bearing registration no. DL7SB 9500 while having fake number plate bearing registration no. DL 1SM 3957 on 23.03.2004. No evidence has come on record that accused Nadir had stolen the motorcycle. However, I hold him guilty for commission of offence punishable U/s 411 IPC.
Announced and Signed in the open (Hemani Malhotra)
Court on: 13.1.2015 Addl. Sessions Judge-05
(Central) Tis Hazari Courts/Delhi
Judgment in case State Versus Nadir 8 of10
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IN THE COURT OF MS. HEMANI MALHOTRA, ADDITIONAL SESSIONS JUDGE-05 (CENTRAL), TIS HAZARI COURTS, DELHI Sessions Case No.29/2014 FIR No. 31/03 P.S. Chandni Mahal Under Section: 411/471 IPC Unique ID No. 02401R0545102004 State Versus Nadir S/o Mohd.Zakir R/o House No.2404, Gali Rang Wali, Phatak Hawas Khan, Tilak Bazar, Lahori Gate, Delhi.
ORDER ON SENTENCE
1. Convict Nadir has been held guilty under Section 411 IPC vide judgment dated 13.1.2015 as he was found in possession of stolen motorcycle.
2. I have heard the Learned Counsel for the convict and the learned APP for the State on the point of sentence.
3. It has been argued by learned defence counsel for convict that lenient view be taken on the point of sentence as convict has been in J/c since 27.5.2004.
4. Per contra, it has been urged by the learned APP for the State that there Judgment in case State Versus Nadir 9 of10 10 is no scope for leniency as convict Nadir S/o Mohd. Zakir was found in possession of the stolen motorcycle (Yamaha RX-100) bearing registration no. DL-7SB-9500 with engine number and chasis number 002273 which was found stolen from outside the house of Moin Khan within the jurisdiction of PS Chandni Mahal in the morning of 19.2.2003 and was recovered while it was being driven by convict Nadir on the night of 23.3.2004 and it was also used in the commission of murder of Yogesh Sharma @ Babli on 25.2.2004.
5. Considering the submissions and the nature of offence coupled with the fact that convict Nadir is in J/c since 27.5.2004 , this Court is of the opinion that period of custody already undergone by the convict shall meet the ends of justice in the present case. I order accordingly. Convict be released from J/c forthwith if not required in any other case. Warrants be prepared accordingly and file be consigned to record room.
Signed and Announced
in the open Court on
15th day of January'2015 ( Hemani Malhotra )
ASJ/05/C/DELHI
Judgment in case State Versus Nadir 10 of10