Delhi District Court
State vs . Iqbal on 10 April, 2007
IN THE COURT OF SH. VINAY SINGHAL : METROPOLITAN
MAGISTRATE : DELHI
STATE VS. IQBAL
FIR NO. 95/07
PS : Mukherji Nagar
U/S : 379/411 IPC
JUDGMENT
1. Serial No. of Case :
2. Date of Commission of
offence : 28.02.2007
3. Name of Complainant : St. through Sh.Mukesh Verma
4. Name of accused : Iqbal S/o Late Shamsuddin
R/o J 113, Jahangir Puri, Delhi
5. Offence Complained of : u/s 379/411 IPC
6. Plea of accused : Pleaded guilty.
7. Final order : Convicted
8. Date of such order : 10.04.2007
BRIEF REASONS FOR SUCH DECISION:
Accused has been sent for trial on the allegation that on 28.02.2007 at 8.25 PM at Gali near House No. 2547, Hudson Line, Delhi, within the jurisdiction of PS Mukherji Nagar, accused removed cycle make Hero Jet Plus 55 cm No. X- 927531 from the possession of Mukesh Verma - Complainant and moved away with the cycle without consent of owner but was chased and caught at the spot with cycle. Accused was arrested. Charge sheet was filed before the court.
Accused produced in J/C. Copies were supplied to him. Vide order dated 10.04.2007 the charge U/S 379 IPC was framed against the accused, to which he pleaded guilty.
I have heard Ld. APP for the State and accused. Record also perused.
In view of the voluntarily plea of guilt made by the accused, the court is of the considered view that the prosecution has proved its case against the accused beyond reasonable doubt. Accordingly, accused is convicted for the offence U/S 379 IPC. Let he be heard on the point of sentence today itself.
Announced in the open court today the 10th April, 2007 (VINAY SINGHAL) Metropolitan Magistrate : Delhi 10.04.2007 IN THE COURT OF SH. VINAY SINGHAL : METROPOLITAN MAGISTRATE : DELHI STATE VS. IQBAL FIR NO. 95/07 PS : Mukherji Nagar U/S : 379/411 IPC ORDER ON SENTENCE Present : Ld. APP for the State.
Convict Iqbal present on bail.
I have heard Ld. APP for State and convict on the point of sentence and have perused the record carefully. It is stated that convict is sole bread earner of his family and he be released on the period already undergone by him.
It is also submitted that accused is in J/C since 28.02.2007 and accordingly, has spent a total period of 42 days during pendency of trial.
Keeping in view the voluntarily plea of guilt made by the convict and the fact that convict belongs to poor strata of society, I take a lenient view and sentence him to simple imprisonment for a period of 60 days simple imprisonment for the offence punishable U/S 379 IPC. Benefit of Section 428 Cr.p.c. be also provided to him. File be consigned to Record Room after completion of due formalities.
Announced in the open court today the 10th April, 2004 (VINAY SINGHAL) METROPOLITAN MAGISTRATE 10.04.2007