Delhi District Court
State vs . Rajeev @ Raju : U/S 392/397/394 Ipc on 16 July, 2011
:1:
THE COURT OF SHRI SANJAY KUMAR,
ADDITIONAL SESSIONS JUDGE - 01,
DISTRICT NORTH WEST, ROOM NO. 308,
ROHINI COURTS, DELHI
SC No. 44/2009
FIR No.217/08
PS: Adarsh Nagar
U/s. 392/394/397 IPC
State
Versus
Rajiv @ Raju
S/o. Sh. Avdesh Dubay
H.No. 472, Village Azadpur,
Delhi.
Date of Institution : 17.01.2009
Date of receipt of case in this court : 11.02.2009
Arguments heard On : 13.07.2011
Order Announced On : 16.07.2011
SHRI P.K. VERMA, APP FOR THE STATE.
SH. GOYAL VINKLE, COUNSEL FOR ACCUSED.
JUDGMENT
State Vs. Rajeev @ Raju : U/s 392/397/394 IPC FIR No 217/08 // PS : Adarsh Nagar :2:
1. In brief the facts are that on 18.09.08 on receiving DD No. 45-B SI Sewa Singh along with HC Ram Karan went to Trauma Centre where MLC of traffic Ct. Dalip was collected and doctor declared him fit for statement. SI Sewa Singh recorded his statement. Ct. Dalip Singh stated that he is posted at Traffic Unit, Rohini Circle. At around 10.00 p.m. in the night after finishing his duty, he was going at his residence in private car DL-1P U6799 WagonR via Azadpur. He stopped at Azadpur, Near Commercial Complex and parked his car then he went to opposite side for taking food.
2. After taking food, he was going back to his car then near the metro line the way was protected by iron sheets. There he found four boys were sitting taking shelter of iron sheet. One of the boys told him to take out all his belongings. Then another boy took out knife and attacked at the chest and remaining boys caught hold of him from back. The boy who was carrying the knife removed his purse from the right pocket of his pant which was having Rs.1020/-, I card, PAN card, driving licence and ATM card. Thereafter, all State Vs. Rajeev @ Raju : U/s 392/397/394 IPC FIR No 217/08 // PS : Adarsh Nagar :3: the boys ran away. Their age was between 20 to 22 years. He stated that he can identify the accused persons. He thereafter informed his colleagues by telephone who removed him to private nursing home and thereafter to Trauma Centre. PW6 Ct. Subhash proved this fact that he removed injured to private hospital but doctor at private hospital refused to admit then they removed PW1 Ct. Dalip to Trauma Centre around 1.40 a.m. On the basis of his statement, FIR was registered under section 307/394/397/34 IPC. SI Sewa Singh prepared site plan and recorded statement of witnesses. Thereafter he started search of the boys.
3. On 26.10.08 on receiving DD No. 51-B SI Sewa Singh went to Azadpur Terminal where he came to know that bone accused persons were taken to PS Adarsh Nagar. At police station HC Omender, HC Kanwar Pal, PCR, Ct. Dalip Singh, complainant and his colleague Shamsher Singh were present. On enquiry, name of one boy came to be known as Raju @ Rajiv and other was Shahzad S/o. Zamil (Juvenile). Both were identified and involved in incident dated 17.09.08 State Vs. Rajeev @ Raju : U/s 392/397/394 IPC FIR No 217/08 // PS : Adarsh Nagar :4: when complainant Ct. Dalip was robbed. Ct. Dalip, complainant further told that he has apprehended both the boys with the help of his colleague and called the PCR. One buttondar knife was recovered from the possession of accused Rajiv @ Raju. Its sketch was prepared, sealed and seized. Both accused persons were arrested. They disclosed their names of two other associates Sonu and Pahari but their addresses were not traceable. SI Sewa Singh added section 25 Arms Act and collected MLC with result as dangerous injury. He recorded statements of witnesses. After completion of investigation, charge sheet was filed against accused Rajeev @ Raju for trial of offence under section 307/394/397/392/34 IPC and 25 Arms Act.
4. Ld. M.M. after compliance under section 207 Cr.P.C. committed the case to the court of sessions.
5. Vide order dated 05.03.2009 charge was framed against the accused for trial of offence u/s 392/397/394 IPC to which he pleaded not guilty and claimed trial.
State Vs. Rajeev @ Raju : U/s 392/397/394 IPC FIR No 217/08 // PS : Adarsh Nagar :5:
6. Prosecution in order to prove the charge under section 392/397/394 IPC examined PW1 Dalip Singh, complainant, PW2 HC Jagat Singh, PW3 Dr. Abhishek Maru, PW4 ASI Omender Kumar, PW5 HC Ram Karan, PW6 Ct. Subhash, PW7 HC Kushal Pal, PW8 HC Kanwar Pal, PW9 Dr. Karan Singh, PW10 HC Prahlad Singh, MHC (M) and PW11 SI Sewa Singh.
7. Vide separate statement dated 21.04.11, prosecution evidence closed.
8. Statement of accused recorded under section 313 Cr.P.C. He pleaded innocence and examined Munni Devi as defence witness. Defence evidence was closed on 20.05.11 vide separate statement.
9. I have heard ld. Addl. PP for state and defence counsel Sh. Vinkle Goyal and perused the record.
10. The star witness of prosecution is PW1 Dalip Singh who deposed that on 21.05.01, he joined Delhi Police. On State Vs. Rajeev @ Raju : U/s 392/397/394 IPC FIR No 217/08 // PS : Adarsh Nagar :6: 17.09.08 he was at Traffic Unit of Rohini Circle from 8.00 a.m. to 10.00 p.m. He used to reside at New Police Lines, Kingsway Camp. He was going in his private car WagonR bearing no. DL 1P U-6799 after completing duty and reached near Azadpur Terminal to take meal, he parked his WagonR near Azadpur Road. Thereafter, he crossed the road and took his meal packed and when he was coming back the road via iron barricades installed by metro line, four boys came and one boy shown him knife. He identified accused Rajeev @ Raju. He further deposed that accused threatened him "Jaan Piyari Hai toh Jo Kuch Hai Nikal Ke De Do" but he resisted and started grappling then accused Rajeev hit him at his chest and thigh and his other associates caught hold of him.
11. PW1 Dalip Singh further deposed that one boy took out his purse from his pant containing Rs.1020/-, I-Card, PAN card, ATM card, driving licence. Lot of blood oozed out from his injury and he tried to walk but he could not. He telephoned his associates and then Ct. Subhash reached there and removed him to private nursing home at Mukherji State Vs. Rajeev @ Raju : U/s 392/397/394 IPC FIR No 217/08 // PS : Adarsh Nagar :7: Nagar. Later on he was referred to Trauma Centre. He proved his statement Ex.PW1/A. On 19.09.08, he was discharged from the hospital then IO prepared site plan at his instance. Thereafter, he went to his native village and remained medical leave. He deposed that on 20.10.08 at about 11.00 a.m. he along with associate Ct. Shamsher was taking dinner at a hotel near Azadpur bus terminal then he saw accused along with another boy near a paan shop who robbed him. Then they both apprehended them and called PCR. PCR vehicle removed them along with two boys to PS Adarsh Nagar. On interrogation accused disclosed his name Rajeev @ Raju and other boy Shahzad. One knife was also recovered from the possession of accused Rajeev.
12. He further deposed that SI Sewa Singh arrested both the accused persons and proved their arrest memos and personal search memo. He further proved sketch of knife Ex.PW1/H which was recovered from the possession of accused Rajeev. He further proved seizure of knife Ex.PW1/J. He also identified the knife Ex.P-1 which was used at the time of robbery. He identified his shirt Ex.P-2 which was worn by him at the time of incident.
State Vs. Rajeev @ Raju : U/s 392/397/394 IPC FIR No 217/08 // PS : Adarsh Nagar :8:
13. In cross-examination, he deposed that he reached at Azadpur at 10.00 p.m. All the four boys including accused Rajeev were sitting there. No chowkidar and public person was there. There was no street light at the spot but light was coming from nearby streetlights and lights of the hotel. His colleagues reached after 10-15 minutes. He does not know who called the PCR either Ct. Shamsher or Ct. Subhash. The testimony of PW1 Ct. Dalip corroborated by PW3 Dr. Abhishek Maru from Surushta Trauma Centre who proved MLC Ex.PW3/A which was prepared by Dr. Pankaj Garg. As per MLC Ex.PW3/A, the nature of injury proved as dangerous. PW9 Dr. Karan Singh further proved injuries received by PW1 Ct. Dalip Singh and opinion given by him as sharp injury on MLC Ex.PW3/A. The testimony of doctors remained unrebutted.
14. PW11 SI Sewa Singh proved the fact of receiving DD No. 45-B Ex.PW5/A. He along with PW5 HC Ram Karan went to Trauma Centre where he collected MLC of injured PW1 Ct. Dalip. After doctor declared PW1 Ct. Dalip, he recorded statement of PW1 and sent rukka Ex.PW1/A for State Vs. Rajeev @ Raju : U/s 392/397/394 IPC FIR No 217/08 // PS : Adarsh Nagar :9: registration of FIR. PW2 HC Jagat Singh, duty officer proved registration of FIR Ex.PW2/A and endorsement made by him on rukka Ex.PW2/B. PW11 SI Sewa Singh further proved the seizure of one sealed parcel given by doctor vide memo Ex.PW5/B. PW10 HC Prahlad Singh, MHC (M) proved that this sealed parcel deposited at Malkhana and entries were made in this regard on Ex.pW10/A.
15. PW11 SI Sewa Singh further proved that on 19.09.08 he prepared site plan at the instance of complainant Ex.PW11/B. He further deposed that on 26.10.08 on receiving DD No. 51-B, he along with Ct. Shamsher and Ct. Omender reached at T point, near Azadpur bus terminal and met PW1 Ct. Dalip who caught hold of one boy who was stated to be assailant and robbed him. He deposed that on interrogation that boy disclosed his name as Rajeev then he arrested him vide arrest memo Ex.PW1/B and conducted personal search memo Ex.PW1/C. He further deposed that one buttondar knife was recovered and proved sketch of knife Ex.PW1/H and thereafter measurement of knife was taken and same was seized vide Ex.PW1/J. He State Vs. Rajeev @ Raju : U/s 392/397/394 IPC FIR No 217/08 // PS : Adarsh Nagar :10: further proved disclosure statement Ex.PW1/F. On the disclosure statement of accused Rajeev, co-accused Shahzad (juvenile) was arrested. He further proved the fact of depositing recovered knife at Malkhana. This fact further corroborated by PW10 HC Prahlad Singh, MHC (M) by proving entry Ex.PW10/B. Further in cross-examination PW11 SI Sewa Singh deposed that he sent rukka around 4.00 a.m. After receiving DD No. 51-B, he reached at Azadpur and it took two hours for completing the proceedings. He denied that accused was not arrested by him. He denied the suggestion that accused was lifted from his house and falsely implicated in this case.
16. PW4 ASI Omender has deposed that on 26.10.08 at about 11.00 pm when he was present at bus stand terminal, outer gate of Azad Pur, he found Ct. Dalip had caught hold of accused Rajeev @ Raju and Ct. Shamsher had caught hold of another boy namely Shahjad. On inquiry Ct. Dalip told him that on 17.09.08 both the boys along with their associates committed robbery with him regarding which case FIR No. 217/08 u/s 307/394/397/34 IPC was already State Vs. Rajeev @ Raju : U/s 392/397/394 IPC FIR No 217/08 // PS : Adarsh Nagar :11: registered at police station Adarsh Nagar. He further deposed that PCR van also reached there and Ct. Dalip took formal search of accused Rajeev @ Raju and recovered one buttondar knife from his right pocket. Thereafter he along with Ct Dalip and Ct. Shamsher took both the boys to Police Station in the PCR van and produced both the boys before SI Sewa Singh in the police station. He corroborated the facts regarding arrest, personal search and disclosure statement as has been deposed by PW1 Ct. Dalip and PW11 SI Sewa Singh.
17. PW8 HC Kanwar Pal of PCR also corroborated the fact that around 11.10 p.m., he along with staff reached at Azadpur near Parantha Wale Ki Dukan and found Ct. Dalip and Ct. Shamsher with two boys. Then PW1 Ct. Dalip told that these two boys committed robbery with him. Ct. Dalip took formal search of accused and recovered knife. HC Omender also reached there and at his request they removed them to police station. He identified the knife Ex.P-1.
State Vs. Rajeev @ Raju : U/s 392/397/394 IPC FIR No 217/08 // PS : Adarsh Nagar :12:
18. The testimony of PW1 Ct. Dalip, injured remained unrebutted despite opportunity given for cross-examination. PW4 ASI Omender in the cross-examination explained that somebody telephoned at 100 number therefore, they reached at the spot. The formal search of accused was taken in his presence. No public person joined. However, he deposed that he does not remember the time of arrest of accused and recording of disclosure statement and he denied that accused was not arrested and no knife was recovered.
19. PW8 HC Kanwar Pal in his cross-examination deposed that seizure memo of knife was not prepared in my presence. He remained at spot for about 10-12 minutes . He denied that no knife was recovered in his presence.
20. Accused examined DW1 Munni Devi, his mother. She deposed that on 23.10.08, accused went to get medicine from dispensary for his wife. He was confined at police station for three days and was arrested on 26.10.08. However, in the cross-examination, she deposed that she has not filed any complaint or taken any action against police officials of PS Adarsh Nagar.
State Vs. Rajeev @ Raju : U/s 392/397/394 IPC FIR No 217/08 // PS : Adarsh Nagar :13:
21. I have heard Ld. APP for the State as well as Ld. Defence Counsel and have perused the record. PW1 Dalip Singh has narrated the entire incident that happed with him on the night of 17.09.08. He has categorically deposed as to how he received injuries on the date of incident at the hands of the accused. He also proved his statement Ex. PW1/A and deposed that he was taken to trauma center by his friend PW6 Ct. Subhash where he received treatment. He also narrated the incident of arrest of accused on 26.10.08 when he along with his friend apprehended both the accused, who had robbed him and caused knife injury on his person on 17.09.08. PW4 ASI Omender Kumar also corroborated the version of PW1 Dalip Singh that on 26.10.08 he found PW1 Dalip had caught hold of accused Rajeev @ Raju and while his friend Ct. Shamsher had caught hold of accused Shehzad. PW8 HC Kanwar Pal of PCR also proved the fact that when he reached the spot after receiving call from control room regarding the incident, he found that two boys i.e. accused Rajeev @ Raju and Shehzad were apprehended by PW1 Dalip and his friend Ct. Shamsher.
State Vs. Rajeev @ Raju : U/s 392/397/394 IPC FIR No 217/08 // PS : Adarsh Nagar :14:
22. On the other hand, the investigating officer of this case PW11 SI Sewa Singh has given different version regarding the arrest of accused persons. He has stated that when he reached the place of apprehension of accused, he found PW1 Dalip had caught hold of accused Rajeev @ Raju and on the disclosure of accused Rajeev @ Raju, accused Shehzad was arrested from village Azadpur. PW1 Dalip, PW4 ASI Omender Kumar and PW8 HC Kanwar Pal have given one version regarding arrest of accused persons while PW11 SI Sewa Singh has given an entirely contradictory version regarding arrest of accused persons. These two different versions of prosecution witnesses create a big dent in the story of the prosecution.
23. Further the alleged robbed articles have not been recovered in this case by the police. The complainant of this case PW1 Dalip Singh, who himself is a police constable, acted as investigation officer as he himself identified the accused persons, took the formal search of accused Rajeev @ Raju and recovered buttondar knife. At that time, Ct.
State Vs. Rajeev @ Raju : U/s 392/397/394 IPC FIR No 217/08 // PS : Adarsh Nagar :15: Shamsher and PW4 ASI Omender was also present with him. Thereafter they called PW8 HC Kanwar Pal and took both the accused persons to police station and handed over them to the investigation officer PW11 SI Sewa Singh. However, PW11 SI Sewa Singh as discussed hereinabove, deposed totally a contradictory story regarding the arrest of accused and recovery of buttondar knife. According to him, only accused Rajeev @ Raju was arrested by PW1 Ct. Dalip, Ct. Shamsher and accused Shehzad was arrested after recording disclosure of accused Rajeev @ Raju. As per investigation officer's version, only one accused was apprehended by PW1 Dalip Singh and his friend Ct. Shamsher, which is in contradiction to their testimonies who arrested two accused persons. PW8 HC Kanwar Pal and PW4 ASI Omender Kumar have also corroborated the version of PW1 Dalip Singh in this aspect.
24. On the basis of above discussion and observation, the material contradictions creates doubt in the truthfulness of the prosecution story. Arrest of accused persons is doubtful and robbed articles have not been recovered in this State Vs. Rajeev @ Raju : U/s 392/397/394 IPC FIR No 217/08 // PS : Adarsh Nagar :16: case. Hence the prosecution has failed to prove beyond reasonable doubt that the accused of this case had committed robbery with complainant.
25. In these circumstances, benefit of doubt is given to the accused and he is acquitted of the charges framed against him u/s 392/397/394 IPC in this case. Announced in the open court (SANJAY KUMAR) today i.e. 16.07.2011 ASJ-01 (NW),ROHINI COURTS: DELHI State Vs. Rajeev @ Raju : U/s 392/397/394 IPC FIR No 217/08 // PS : Adarsh Nagar