Delhi District Court
State vs Intezar Ahmad on 15 July, 2011
IN THE COURT OF MS VRINDA KUMARI
ADDITIONAL CHIEF METROPOLITAN MAGISTRATEI
EAST DISTRICT, KARKARDOOMA COURTS, DELHI
STATE V/s INTEZAR AHMAD
FIR No: 207/02
PS: Anand Vihar
U/s: 411 IPC
JUDGMENT
a). ID No. of the case : 02402R0100712003
b). Serial number of the case : 541/03
c). Date of commission of offence : 26.08.2002
d). Name of complainant , if any : Rajat Goswami
s/o Sh. Vijay Kumar Goswami,
r/o H.No 224 A, Keshav Puram,
Delhi.
e). Name & address of accused : Intezar Ahmad.
S/o Salim Ahemad,
R/o Village Nagla Rai,
PS Kairan, Dist. Mujaffarnagar.
Uttar Pradesh.
f). The offence complained of : U/s 411 IPC
g). The plea of accused : Pleaded not guilty
FIR no. 207/02 State Vs. Intezar Ahmad Page no.1/5
h). Final order : Convicted.
i). The date of such order : 15.07.2011
BRIEF STATEMENT OF THE REASONS FOR THE DECISION
1. The allegation against the accused is that on 26.08.2002 at about 09.30 p.m. at Market Almora, Uttaranchal within the jurisdiction of PS Kotwali Almora, accused Intezar Ahmad had dishonestly received or retained one Motorcylce bearing registration no. DL8SL8385 knowing or having reasons to believe the same to be a stolen property belonging to Rajat Goswami which was stolen from his possession on 12.07.2002 in front of his house no. A275, Suraj Mal Vihar within the jurisdiction of PS Anand Vihar and thereby committed offence punishable u/s 411 IPC.
2. Charge for the offence u/s 411 IPC was framed on 14.07.2004. The accused pleaded not guilty and claimed trial.
3. Prosecution examined Rajat Goswami as PW1. He has proved his statement (Ex PW1/A) and the documents of the vehicle in question (Ex PW1/B). Disclosure statement of accused and pointing and arrest memo Ex PW1/C and Ex PW1/D respectively. Superdarinama is Ex PW1/E. The case property i.e motorcycle is Ex P1 and the photographs of the motorcycle in question are Ex FIR no. 207/02 State Vs. Intezar Ahmad Page no.2/5 P2 to Ex P4. Photocopy of RC is Ex P5. Ct. Ajay Kumar, no. 1312 security is PW2 who had assisted ASI Malkhan Singh to trace out the motorcycle on 27.07.2002. Ct. Rajender Prasad is PW3. He proved the arrest memo of accused as Ex PW3/A. Ct. Samay Singh is PW4. He has further proved the disclosure statement of accused, seizure memo and photographs of the motorcycle. HC Malkhan Singh is PW5. He has proved the site plan as Ex PW 5/A. The FIR is Ex PW5/B, arrest memo is Ex PW5/C. Thereafter, the PE was directed to be closed.
4. Statement of accused u/s 313 Cr.P.C was recorded on 28.03.2008. In view of the recording of fresh testimonies of Ct. Sanjay Singh and HC Malkhan Singh pursuant to an application u/s 311 Cr.P.C. of the accused, SA was also recorded on 23.11.2010. The accused denied the allegations against him.
5. Final arguments were addressed on the 01.07.2011. I have perused the records carefully.
6. PW1 Sh. Rajat Goswami has proved that he had lodged the FIR no. 207/02 in PS Anand Vihar on 27.07.2002 after his motorcycle Hero Honda (Splender) bearing registration no. DL8SL8385 was stolen. The vehicle was recovered by Ct. Rajender Prasad (PW3) who was posted in PS Kotawali, District Almora. On FIR no. 207/02 State Vs. Intezar Ahmad Page no.3/5 26.08.2002, he was on patrolling duty alongwith SI Rami Ram and Ct. Mahender Singh and reached a tea shop at Lakhwal where the motorcycle in question being driven by the accused was stopped. During enquiry, the accused neither produced the driving licence nor the documents regarding ownership proof of the vehicle. The RC, Pollution certificate and one receipt related to Sh. Rajat Goswami. Since the accused could not give satisfactory reply, he was arrested on suspicion. Later on it was revealed that the motorcycle in question was in fact the subject matter of case FIR no. 207/02, PS Anand Vihar. The accused has raised three defence in his favour: First, there is no seizure memo of case property on record to show that the vehicle was seized from Almora. Second, there is no document to show that the accused was arrested in Almora, and, third, the accused was not present in Almora on 26.08.2002. PW3 Ct. Rajender Prasad posted in District Almora, Uttranchal appeared before this court and narrated all the events that led to arrest of the accused and seizing of the motorcycle ( case property). The certified copy of the order dated 09.09.2002 of Ld. Chief Judicial Magistrate, Almora vide which the seized motorcycle was directed to be handed over to HC Malkhan Singh, PS Anand Vihar is on record. In view of this, the testimony of PW3 Ct. Rajender Prasad is not rendered weak merely because the seizure memo of the motorcycle is not on record. The accused has also failed to show how he has been falsely implicated by PW3 in connivance with the complainant Rajat Goswami. The order dated 09.09.20002 of Ld. CJM, Almora also proves that FIR no. 207/02 State Vs. Intezar Ahmad Page no.4/5 accused was lodged in District Jail Almora in respect of criminal case no. 1841/02 titled as State Vs. Intezar u/s 41/102 Cr.P.C. and section 411 of IPC. The arguments of Ld. Counsel for the accused that there is nothing on record to show that the accused was arrested by PS Kotwali, District Almora is without any merit. It has been further contended by the accused that on 26.08.2002 he was not present in Almora. No evidence in this regard has been led by the accused. The prosecution witnesses have stood firm on their testimonies and could not be shaken during cross examination. There is no material contradiction in their testimonies.
7. The prosecution has proved its case against the accused beyond any doubt. The accused Intezar Ahmad is, therefore, convicted of offence u/s 411 IPC. Announced in the open Court on this 15th day of July, 2011.
(VRINDA KUMARI) ADDL.CHIEF METROPOLITAN MAGISTRATEI EAST/KARKARDOOMA COURTS, DELHI FIR no. 207/02 State Vs. Intezar Ahmad Page no.5/5