Delhi District Court
State vs . Rahish & Ors. on 20 March, 2015
IN THE COURT OF SH. SANDEEP YADAV, ADDITIONAL SESSIONS
JUDGE5, SOUTH DISTRICT, SAKET COURTS, NEW DELHI
SC No. 01/14
ID : 02403R0025932010
FIR No. 186/09
PS. Lodhi Colony
U/s. 399/402 IPC & 25/54/59 Arms Act.
State Vs. Rahish & Ors.
State
Vs.
1. Rahish
S/o. Sh. Nafish
R/o. C124, Gali No. 14 near Masjid Madanpur Khadar
Delhi
2. Nand Kishore @ Nandu
S/o. Sh. Rohtash
R/o. B1/1089, JJ Colony, Madanpur Khadar
Delhi
3. Parvez @ Pabbe
S/o. Sh. Iqbal
R/o. D55, Gali No. 6, Gazipur
Delhi
4. Satbir @ Biloo
S/o. Sh. Ram Pal
R/o. B1/755, JJ Colony, Madanpur Khadar
Delhi ..... Accused
FIR No. 186/09 1/8
St. Vs. Rahish & Ors.
Date of Institution : 30.04.2010
Date of Order : 20.03.2015
Final Order : Acquitted
O R D E R
Prosecution version flowing from the charge sheet is as under :
1. On 23.11.09, a secret information was received by SI Virender Prakash that members of Gang of Rahis and Mustqin would come to DDA Park, Jungpura to commit robbery in the bank. SI Virender Prakash conveyed the secret information to SHO and as per his direction, a raiding party was organized consisting of SI Virender Prakash, ASI Shashi Kant, HC Umesh Kumar, HC Tara Chand, HC Satinder, HC Rajinder, HC Vinod, HC Randhawa, HC Balbir, Ct.
Sachin and Ct. Shailender. Police party left the Police Station at 2.45 pm and reached at DDA Park outside the gate at about 3 pm. Secret informer was also with them. 4/5 public persons were asked to joined raiding party at the gate of DDA Park but they refused to join the raiding party. Thereafter, at about 4 pm, one Indica car of white colour came there and the car was stopped at the main gate. Five persons got down from the car and went inside the park. Secret informer pointed out towards those persons saying that they were the members of Rahish gang. HC Tara Chand was made a shadow witness and as per the direction of SI Virender Prakash, he went inside the park to hear their FIR No. 186/09 2/8 St. Vs. Rahish & Ors.
conversation. After sometime, HC Tara Chand came out and informed that those persons were planning to commit robbery at ATM. SI Virender Prakash sent the members of raiding party inside the park from different side. SI Virender Prakash and other members entered inside the park from the main gate. SI Virender Prakash warned those boys that they were surrounded by police officials but they started running. All the five accused persons were apprehended by different members of raiding party. HC Balbir apprehended accused Rahish and from his possession one loaded country made pistol and one live cartridge, were recovered. HC Vinod apprehended accused Nand Kishore and one loaded country made pistol and one live cartridge, were recovered from his possession. HC Rajender apprehended accused Parvez @ Pabbe and one buttondar knife was recovered from his possession. HC Satender apprehended accused Mustaqin and from his possession, one country made pistol and one live cartridge, were recovered. Ct. Sachin apprehended accused Billu @ Satbir and one buttondar knife was recovered from his possession. The sketches of recovered articles were prepared and same were sealed with the seal of VP. SI Virender Prakash prepared ruqqa and handed over same to HC Umesh Kumar for registration of case. HC Umesh got the case registered u/s. 399/402 IPC & 25/54/59 Arms Act and after registration of case, he came back at the spot. Further investigation was marked to ASI Shashi Kant. HC Umesh Kumar handed over original FIR No. 186/09 3/8 St. Vs. Rahish & Ors.
ruqqa and copy of FIR to ASI Shashi Kant who interrogated and arrested all the accused persons. After completion of investigation, charge sheet was filed in the Court against the accused persons. Accused persons were charged and have been tried for the offences u/s. 399/402 IPC & 25/54/59 Arms Act. Accused persons pleaded not guilty and claimed trial. During trial, Accused Mustkim was declared proclaimed offender.
2. In order to prove its case against accused, prosecution examined four witnesses. I have heard learned Public Prosecutor for the State as well as learned counsel for accused persons. PW1 HC Balbir Singh, PW2 HC Rajender, PW3 Vinod and PW4 HC Umesh Kumar, were the members of raiding police party.
3. PW4 HC Umesh Kumar deposed that on 23.11.09, he was posted as Constable in PS Lodhi Colony. On that day, he was present in PS Lodhi Colony. A secret information was received by SI Virender Prakash that members of Gang of Rahish and Mustqin would come to DDA Park, Jungpura to commit robbery in the bank. PW4 HC Umesh Kumar further deposed that SI Virender Prakash gave the secret information to SHO and as per his direction, a raiding party was organized consisting of SI Virender Prakash, ASI Shashi Kant, HC Umesh Kumar, HC Tara Chand, HC Satinder, HC Rajinder, HC Vinod, HC Randhawa, HC Balbir, Ct. Sachin and Ct. Shailender. The police party left the Police Station at 2.45 pm and reached at DDA Park FIR No. 186/09 4/8 St. Vs. Rahish & Ors.
outside the gate at about 3 pm. Secret informer was also with the police party. 4/5 public persons were asked to joined raiding party at the gate of DDA Park but they refused to join the raiding party, thereafter, at about 4 pm, one Indica car of white colour came there and the car was stopped at the main gate, five persons got down from the car and went inside the park, the secret informer pointed out towards those persons saying that they were the members of Rahish gang. PW4 Umesh Kumar further deposed that HC Tara Chand was made a shadow witness and as per the direction of SI Virender Prakash, he went inside the park to hear their conversation. After sometime, HC Tara Chand came out and informed that those persons were planning to commit robbery at ATM. SI Virender Prakash sent the members of raiding party inside the park from different side. PW4 HC Umesh Kumar along with SI Virender Prakash and other members entered inside the park from the main gate. PW4 HC Umesh Kumar further deposed that SI Virender Prakash warned those boys that they were surrounded by police officials but they started running. All the five accused persons were apprehended by different members of raiding party. PW4 HC Umesh Kumar further deposed that HC Balbir apprehended accused Rahis and from his possession one loaded country made pistol and one live cartridge were recovered, HC Vinod apprehended accused Nand Kishore and one loaded country made pistol and one live cartridge were recovered from his possession, PW4 Umesh Kumar further FIR No. 186/09 5/8 St. Vs. Rahish & Ors.
deposed that HC Rajender apprehended accused Parvez @ Pabbe and one buttondar knife was recovered from his possession, HC Satender apprehended accused Mustaqin and from his possession, one country made pistol and one live cartridge were recovered, Ct Sachin apprehended accused Billu @ Satbir and one buttondar knife was recovered from his possession. The sketches of recovered articles were prepared and same were sealed with the seal of VP.
4. PW1 HC Balbir Singh, PW2 HC Rajender, PW3 Vinod and PW4 Umesh Kumar, were members of police party and their depositions are similar to the deposition of PW4 HC Umesh Kumar. All the prosecution witnesses deposed that when they reached the spot, public persons were present there. However, none of those public persons has been made a witness in this case. It raises serious doubt over the prosecution story, particularly when no public person has been included in investigation. Hence, the entire investigation becomes doubtful.
5. In Balraj Singh Vs. State of Punjab 1976 Cr.L.J. 1471 (DB) (Punj.), it was held that "the guilt of accused is to be established by the prosecution beyond the possibility of any reasonable doubt on the basis of legal evidence and material on the record. Even if, there may be an element of truth in the prosecution story against the accused and considered as a whole the prosecution may be true but between 'may be true' and 'must be true', there is invariably a long distance to FIR No. 186/09 6/8 St. Vs. Rahish & Ors.
travel and the whole of this distance must be covered by the prosecution by legal, reliable and unimpeachable evidence before an accused can be convicted."
6. In Harcharan Singh & Anr. Vs. State of Haryana, AIR 1974 SC 344, it was held that the function of the Court in a criminal trial is to find whether the person arraigned before it, as the accused, is guilty of the offence with which he is charged. For this purpose the court scans the material on record to find whether there is any reliable and trustworthy evidence upon the basis of which it is possible to find the conviction of the accused and to hold that he is guilty of the offence, with which he is charged. If in a case, the prosecution leads two sets of evidence each one of which contradicts and strikes at the other and shows it to be unreliable, the result would necessarily be that the court would be left with no reliable and trustworthy evidence upon which the conviction of accused might be based. Inevitably the accused would have the benefit of such a situation."
7. It is clear from the above discussion that no incriminatory evidence came on record during trial which could be put to accused persons u/s. 313 Cr.PC. Accordingly, examination of accused Rahish, Nand Kishore, Parvez and Satbir, u/s. 313 Cr.PC, is dispensed with. Accused Rahish, Nand Kishore, Parvez and Satbir, are acquitted of the charge framed against them. Bail bonds and surety bonds of Rahish, FIR No. 186/09 7/8 St. Vs. Rahish & Ors.
Nand Kishore, Parvez and Satbir, are cancelled. Their sureties furnished earlier are discharged. Original documents of sureties, if any, be released.
8. Accused Rahis, Nand Kishore, Parvez and Satbir, are directed to furnish personal bond and surety bond in the sum of Rs. 15000/ each in terms of section 437A Cr.PC, on 26.03.15.
Announced in open Court (Sandeep Yadav)
on 20.03.15 Additional Sessions Judge5 (South)
Saket Courts, New Delhi
FIR No. 186/09 8/8
St. Vs. Rahish & Ors.