Delhi District Court
State vs Mahfooz, Etc on 20 August, 2007
IN THE COURT OF ANAND SWAROOP AGGARWAL : METROPOLITAN
MAGISTRATE : KARKARDOOMA COURTS, DELHI
State V/s Mahfooz, etc
FIR No. 06/2001
U/s 457/380 IPC
PS : Khajuri Khas, Delhi
a) The Sl. No. of the case : 155/2
b) Date of the commission of : 08/01/2001
offence
c) Name of the complainant : Mohd. Ismail
d) Name of the accused person and : (1) Mohd. Mahfooz, S/o Mohd.
his parentage and residence Mukhtar, R/o Nawpul Bela
Road, C-248, Jhuggi, No. 272,
Sanjay Amar colony, Delhi and
(2) Sahjan @ Kalwa, S/o
Asgar, R/o 1062, Gali No. 21,
A-Block, Sri Ram Colony,
Delhi
e) Offence complained of or proved : U/s 457/380/411 IPC
f) Plea of the accused : Pleaded guilty
g) Final order : Convicted
1. Date of institution of case : 21/07/2001
2. Date of hearing/conclusion of : 20/08/07
arguments & fixing the case for
orders
3. Judgment delivered on : 20/08/07
h) BRIEF STATEMENT OF THE REASONS FOR DECISION
1. In brief case of the prosecution against the accused is that on 23/09/2001 at C-24B, Jhuggi No. 272, Sanjay Amar Colony, Delhi, within the area of PS : Khajuri Khas, Delhi, accused, Mohd. Mahfooz had dishonestly retained in his possession stolen property i.e 10 plastic mugs belonging to Islam Ahmed knowing or having reason to believe the same to be stolen property. Further as per prosecution version on 08/01/01 at about 7:00 a.m at C-Block, Main 20 Foota Road, Sri Ram Colony within the area of PS : Khajuri Khas, Delhi, accused, Shahjan @ Kalwa had retained stolen property as detailed/prescribed in list mark A belonging to Mohd. Ismail knowing or having reason to believe the same to be stolen property. In the present case FIR Ex. PW1/A was registered at PS :
Khajuri Khas, Delhi on the basis of statement made by Mohd. Ismail. Case was investigated into. The investigation ended in filing of charge- sheet U/s 173 Cr.PC charing the accusd U/s 457/380/411 IPC.
2. Vide order dated 21/02/02, both accused persons were charged for the offence U/s 411 IPC. Accused persons had pleaded not guilty to the charge. Prosecution examined PW1 Khajan Singh, the Duty Officer who had registered a formal FIR, Ex PW1/A. PW2 Ct. Rajeev, who had participated in the investigation of the present case. After the examination of PW2 Ct. Rajeev, an opportunity was given to the accused persons to cross-examine the said witness. Accused persons submitted that case of the prosecution against them is true. Further, accused persons moved an application by which they pleaded guilty to the charge against them. Also accused persons made endorsement on the order- sheet thereby they admitted their guilt. However, accused prayed for a lenient view. In my considered opinion, accused persons can plead guilty to the charge against them at any stage of trial i.e in the course of prosecution evidence; or in the course of recording statement of accused U/s 313 Cr.PC or even thereafter prior to passing the judgment by the court on merit. Further, in my opinion today accused person have pleaded guilty to the charge against them out of free will and consent without any fear, coersion, etc from any corner and in my opinion this court can act upon the admission made by accused persons. As such both accused persons are hereby convicted for the offence punishable U/s 411 IPC. Let they be heard on quantum of sentence. ANNOUNCED IN THE OPEN COURT TODAY i.e on 20/08/2007 (ANAND SWAROOP AGGARWAL) METROPOLITAN MAGISTRATE KARKARDOOMA COURTS, DELHI IN THE COURT OF ANAND SWAROOP AGGARWAL : METROPOLITAN MAGISTRATE : KARKARDOOMA COURTS, DELHI State V/s Mahfooz, etc FIR No. 06/2001 U/s 457/380 IPC PS : Khajuri Khas, Delhi ORDER ON POINT OF SENTENCE 20/08/07 Present : Ld. APP for state.
Both convict present on bail.
Heard on point of sentence. Accused are young persons having no previous involvement in any criminal case. Further accused have realised their mistake during the trial of the case; accused further submits that they are sole earner for their family members. Further accused persons have already remained in J/C for a considerable period of time. In totality of the facts and circumstances of the case, accused persons are punished with imprisonment already undergone by them. Bail bonds of accused persons are discharged. File be consigned to Record Room.
ANNOUNCED IN THE OPEN COURT TODAY i.e on 20/08/2007 (ANAND SWAROOP AGGARWAL) METROPOLITAN MAGISTRATE KARKARDOOMA COURTS, DELHI