Delhi District Court
State vs . Abid Etc. on 2 May, 2008
IN THE COURT OF SH. VINAY SINGHAL : METROPOLITAN
MAGISTRATE : DELHI
STATE VS. ABID ETC.
FIR NO. 71/06
PS : Sadar Bazar
U/S : 379/411/34 IPC
JUDGMENT
1. Serial No. of Case : 620/2 2. Date of Commission of offence : 17.02.2006 3. Name of Complainant : St. through Sh. Doodhnath 4. Name of accused : Abid @ Chandu S/o Chaman
R/o H.No. 7692, Gali Durgawali, Kasab Pura, Sadar Bazar, Delhi. Sushil S/o Sh. Khacheru Mal R/o E-16, Gali No. 2, Madhu Vihar, Patpar Ganj Depot, Delhi.
5. Offence Complained of : u/s 379/411/34 IPC
6. Plea of accused : Pleaded not guilty
7. Final order : Convicted
8. Date of such order : 02.05.2008 BRIEF REASONS FOR SUCH DECISION:
Accused have been sent for trial on the allegation that on 17.02.2006 at 6.45 PM at Railway Pull Sadar Bazar, Main Market Road near Police Booth, Delhi within the jurisdiction of PS Sadar Bazar, both the accused along with associate (not traced) in furtherance of their common intention used chilly powder for throwing on the eyes of Dudhnath Mohre and snatched Rs.1800/- from his pocket alongwith Masala goods worth Rs.2200/- from his hand. On 06.03.2006 at Qutab Pull near Police Booth, accused Abid got recovered Rs.370/- from his pocket and accused Sushil got recovered Rs.410/- from his pocket out of the stolen amount, which they dishonestly retained knowing or having reasons to believe the same to be stolen property belonging to Dudhnath More Accused were produced from J/C and copy of charge sheet with documents were supplied to them in compliance of Section 207 Cr.p.c. Vide order dated
09.04.2008 the charge u/s 379/411/34 IPC was framed against the accused, to which they pleaded not guilty.
Prosecution has examined one witness, at which stage accused persons sought permission to plead their guilt voluntarily.
Accordingly, statement of accused persons U/S 281 Cr.P.C recorded.
Hence, in view of voluntarily plea of guilt made by the accused coupled with the prosecution evidence, the court is of the considered view that the prosecution has proved its case against the accused persons beyond reasonable doubt. Accordingly, accused are convicted for the offences u/s 379/411/34 IPC. Let they be heard on the point of sentence today itself. Announced in the open court today the 2nd May, 2008.
(VINAY SINGHAL) Metropolitan Magistrate : Delhi 02.05.2008 IN THE COURT OF SH. VINAY SINGHAL : METROPOLITAN MAGISTRATE : DELHI STATE VS. ABID ETC.
FIR NO. 71/06
PS : Sadar Bazar U/S : 379/411/34 IPC ORDER ON SENTENCE Present : Ld. APP for the State.
Convict Abid & Sushil in J/C with Ld. Legal Aid Counsel Ms. Nishi Jain.
I have heard Ld. APP for State and Ld. Legal Aid Counsel for convicts on the point of sentence and have perused the record carefully. It is stated that convicts are sole bread earners of their families and a lenient view may be taken.
Keeping in view the voluntarily plea of guilt made by the convicts and the fact that convicts belong to poor strata of society, I take a lenient view and sentence them for a period already undergone by them during the trial of the case U/S 379/411/34 IPC by giving benefit of Section 428 Cr.p.c., to the accused. File be consigned to Record Room after completion of due formalities. Announced in the open court today the 2nd May, 2008.
(VINAY SINGHAL) METROPOLITAN MAGISTRATE 02.05.2008 FIR NO. 71/06, SB 02.05.2008 Present : Ld. APP for the State.
Accused Abid & Sushil in J/C with Ld. Legal Aid Counsel Ms. Nishi Jain.
PW1 examined and discharged. At this stage both the accused persons sought permission to plead their guilt voluntarily. Accordingly, statement of accused persons recorded U/S 281 Cr.P.C. separately.
Vide separate judgment accused are convicted for the offence punishable U/S 379/411/34 IPC.
Vide separate order on the sentence, convicts are sentenced to the imprisonment for the period already undergone by them during the trial by giving them benefit of Section 428 Cr.P.C. File be consigned to Record Room.
(VINAY SINGHAL) MM : DELHI 02.05.2008