Delhi District Court
State vs Rohit on 17 September, 2025
IN THE COURT OF MS. SHEFALI BARNALA TANDON,
ADDITIONAL SESSIONS JUDGE-05, WEST, TIS HAZARI
COURTS, DELHI.
CNR No. DLWT01-007429-2019
Sessions Case No. 524/2019
FIR No. 247/2019
Police Station- Rajouri Garden
U/s 329/394/397/34 IPC & Section 25/27 Arms Act
State
Vs.
Rohit
S/o Sh. Surender
R/o H. No. B-122, Double Storey,
Tagore Garden, New Delhi.
Date of Institution : 02.09.2019
Date of committal : 13.09.2019
Charge framed under Section : 392/394/397/34 IPC and
25/27 Arms Act
Date of conclusion of final arguments : 16.09.2025
and reserving Judgment
Date of Pronouncement of Judgment : 17.09.2025
Final Judgment : Accused Rohit is acquitted of the
charged offences.
Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden
State v. Rohit Page 1 of 24
JUDGMENT
Brief Facts:
1. Accused Rohit has been facing trial for the charge punishable under Section 392/394/397/34 IPC and Section 25 & 27 Arms Act, on the allegations that on 01.07.2019, at about 12:30 AM at Raja Garden Chowk, Delhi, within the jurisdiction of PS Rajouri Garden, he alongwith his co-
accused, who was not arrested, in furtherance of their common intention, committed robbery on the point of knife and robbed purse of complainant Sh. Kundan Singh, containing cash of Rs. 600/-, permit of TSR bearing No. DL-1RP-2245 and some visiting cards and also caused hurt to complainant with knife. Further, on the abovesaid date, at the parking of City Square Mall, Delhi accused Rohit was found in possession robbed articles and the knife which was used by him while committing the said robbery.
Statement of the complainant, Registration of FIR and investigation conducted at the spot:
2. As per the case of the prosecution, on 01.07.2019, on receipt of DD No. 11A, ASI Kuldeep Singh alongwith HC Baljeet Singh reached at the spot, i.e. at Raja Garden Chowk, where they came to know that the injured was taken to GGS hospital. Thereafter, ASI Kuldeep Singh after leaving HC Baljeet Singh at the spot to safe guard, reached at GGS hospital, where he came to know that injured Kundan Singh had left the hospital after taking treatment from the hospital vide ML C No. 62784/2019. The doctor had also opined the nature of injury as 'simple with sharp weapon'. After collecting the MLC of injured Kundan Singh, ASI Kuldeep Singh returned to the spot Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 2 of 24 where he met with the complainant/injured Sh. Kundan Singh, who informed him about the incident. In the meanwhile, one another boy namely Sh. Prabhat came there and informed the IO that he had seen one boy having knife and he had entered in City Square Mall. Thereafter, the IO alongwith HC Baljeet Singh, the complainant and the said person Prabhat reached at the parking of City Square Mall where one boy found hiding himself behind the car. On seeing him, the complainant Kundan Singh stated that this is the same boy who robbed him alongwith his associate and also caused stab injuries. On the pointing out of complainant, IO arrested the accused and on interrogation, he disclosed his name as Rohit S/o Sh. Surender R/o B-122, Double Story, Tagore Garden, Delhi. On taking the personal search of the accused Rohit, one big knife, one black colour purse containing cash of Rs.1,070/-, one D/L, one Aadhar Card in the name of Krishan Kumar S/o Ram Gopal, one mobile phone make Samsung J-2, one another red colour purse, containing cash of Rs.600/-, one permit Card of TDR No. DL-1RP-2245 and some visiting cards were recovered. Thereafter, the IO prepared the sketch of knife, sealed it with the seal of KS and took into possession vide seizure memo. Other articles were also taken into possession by the IO vide seizure memos.
3. Thereafter, IO recorded the statement of complainant Sh.Kundan Singh wherein he has stated that he is a TSR driver and running the TSR on rent. He further stated that on 30.06.2019, in the night time, he took the passenger in his TSR bearing No. DL-1RP-2245 from Khanpur and dropped at Raghubir Nagar. Thereafter, when he was waiting for another passenger at Raja Garden Chowk, at about 12:30 AM, in the night, two boys Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 3 of 24 came on one white colour Activa Scooty bearing No. DL-10SG-4239 and after getting down from the said scooty, they held him and one of the said boy took out one big knife from his back side pocket of his pants and put the same on his neck and also asked him to keep quite. The second boy held him from his back side. Thereafter, the boy who put the knife on his neck, took out the red colour purse from his (complainant's) pants, containing cash of Rs. 600/-, permit card of the abovesaid TSR and some visiting cards.
When he resisted him, the said boy stabbed him on his right hand due to which he sustained injury on his right hand. Thereafter, both the assailants after robbing him, ran towards the side of Moti Nagar on their scooty. On raising alarm, one PCR van came there who took him to GGS hospital. After taking treatment from the hospital, he again came to the spot where he met the IO.
4. On the statement of the complainant Sh.Kundan Singh, the present case was registered for the offence punishable under Section 394/397/411/34 IPC. Thereafter, the investigation of the present case was conducted by the IO/ASI Kuldeep Singh. During investigation, IO prepared the site plan at the instance of the complainant. Accused Rohit was arrested and the said information of his arrest was given to his brother Naveen. During further investigation, accused made disclosure statement wherein he has stated that he can get arrested his co-accused Karan. Thereafter, accused Rohit was medically examined from the hospital and his blood sample was collected by the doctor.
5. During investigation, one day PC remand of the accused was obtained by the IO from the concerned Court and at the instance of accused Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 4 of 24 Rohit, his co-accused Karan was searched but he could not be traced. During investigation, at the instance of accused Rohit, two scooty were recovered i.e. one white colour scooty bearing No. DL-4S-CF-5960 and the other white colour Honda Activa scooty bearing registration No. DL-4S-NA-6916 from the parking of Westened Mall. On verification, it was revealed that both the abovesaid scooty were stolen properties. The IO had taken both the said scootys into possession vide seizure memos. Thereafter, during investigation, the IO had also collected the blood sample of complainant. Then, the IO sent the blood stained shirt, blood stained knife as well as the blood sample of accused and complainant to the FSL for examination. After completion of investigation, charge sheet for the offence punishable under Section 394/397/411/34 IPC was filed before the Court against accused Rohit.
Charge:
6. On 01.10.2019, Charge for the offence punishable under Section 392/394/397/34 IPC and Section 25/27 Arms Act was framed against the accused Rohit by the Ld. Predecessor of the Court to which he pleaded not guilty and claimed trial.
The Trial Prosecution evidence:
7. To prove its case, prosecution has examined only 10 witnesses i.e. PW-1 Dr. Shikha Arora (proved the MLC of injured); PW-2 Dr. Krishnandan Kumar (collected the blood sample of injured); PW-3 Sh.
Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 5 of 24 Kundan Singh (complainant/injured); PW-4 Dr. R.K. Chaubey (took the blood sample of accused); PW-5 retired SI Sube Singh (Eye witness); PW-6HC Ram Kishan (witness of investigation); PW-7 ASI Baljeet Singh (witness of investigation); PW-8 ASI Chaman Sharma (MHCM); PW-9 Sh. Prabhat Singh (Eye witness) and PW-10 ASI Kuldeep Singh ( Investigating Officer). The relevant portion of their testimonies is reproduced hereinbelow.
8. PW-1 Dr. Shikha Arora, Medical Officer, Guru Gobind Singh, Government Hospital, Raghubir Nagar, Delhi, has deposed that on 01.07.19, one patient Kundan S/o Sh. Jugal Kishore brought by PCR with the alleged history of assault given by patient himself. On local examination, two lacerated injuries were found on the right wrist of the patient. The patient was referred for a surgical and orthopedic final opinion. She had prepared his MLC No.62784 dated 01.07.2019, proved as Ex.PW-1/A.
9. PW-2 Dr. Krishnandan Kumar, Medical Officer, presently posted at Central Jail Hospital, Tihar, New Delhi, has deposed that on 04.07.19, he was posted in emergency of Guru Gobind Singh hospital. On that day patient Kundan S/o Sh. Jugal Kishore brought by HC Baljeet Singh with request to collect the blood sample of the patient Kundan. He done the general examination of patient Kundan and took the blood sample on gauze and sealed with the seal of 'GGSGH' and the same was handed over to IO.
10. PW-3 Sh.Kundan Singh, the complainant/victim has deposed that he was driving TSR bearing registration No. DL-1 RT 2245, on rent. On 30.06.2019, he had taken passenger from Khanpur to drop at Raghubir Nagar and reached at Raghubir Nagar at about 12:30 A.M. (midnight). After Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 6 of 24 dropping the passenger, he was standing at Raja Garden Chowk for passenger. In the meantime, at about 12:30-12:40 Α.Μ. (01.07.2019) one Activa Scooty of white colour, whose registration number he does not remember at a time, however, same is mentioned in his Complaint, reached there and two persons were sitting. One of the said person caught hold of him and the second person had taken out a knife from his wearing pants and put on his neck and asked him to keep quite. The person who put knife had taken out his wallet of red colour which was containing cash of Rs.600/-, permit of said TSR and some visiting card. When he insisted, the said person had caused stab injury on his left hand with the said knife and he had sustained injury. After robbing him, both the said persons ran away from there with the said scooty towards Moti Nagar. He raised alarm on which, one PCR van reached there and took him to Guru Govind Singh hospital where he was medically examined.
10.1. He further stated that after medical examination, he again reached at the spot, where police officer met him and he informed them about the incident. In the meantime, one public person also reached there and informed to the police that one person had entered into the parking of City Square Mall with the knife. After receiving said information, police officer and he himself reached there and police officer took the search and one person was found hiding himself behind a parked car. He was apprehended and on inquiry, he disclosed his name as Rohit,. The witness has correctly identified the accused before the Court. and he identified him as the person who caused stab injury to him with the knife and robbed his wallet.
Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 7 of 24 10.2. Police officer took his search and one wallet of black colour containing Rs.1,070/-, one DL and some documents were recovered. Some other things were also recovered from his possession. His robbed wallet containing Rs.600/-, permit of said TSR and some visiting card were also recovered from his possession. The said knife was also recovered from his possession. After recording his statement, IO got registered FIR in the present case and copy of the FIR was also handed over to him. He had shown the place of incident to the IO, who prepared site plan, proved as Ex.PW-3/B. The recovered knife found in possession of the accused was seized through seizure memo, proved as Ex.PW-3/C. Accused Rohit also got recovered the scooty bearing registration no. DL10SG-4239 from the parking of basement of City Square Mall. The same was taken into possession through seizure memo, proved as Ex.PW-3/D. One Samsung mobile phone was also recovered from the possession of accused and IO prepared the pullanda of same and taken into possession through seizure memo, proved as Ex.PW3/E. His recovered wallet containing Rs. 600/-, permit of my TSR and visiting cards were also seized by the IO and taken into possession through seizure memo, proved as Ex.PW3/F. Another black colour purse was also recovered from the possession of accused containing Rs. 1,070/- and other documents. The same was also sealed and taken into possession through seizure memo, proved as Ex.PW3/G. Accused was arrested and his personal search was conducted vide arrest memo and personal search memos, proved as Ex.PW3/H and Ex.PW3/I. This witness has correctly identified the case property i.e. one shirt having brownish stains (some portion of back side of the shirt, front side of the shirt and from Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 8 of 24 the left side arm are cut and removed during the FSL examination), which was worn by him at the time of incident when he sustained injury as Ex.MO-1 and one knife/choppar having wooden handle by which accused had inflicted injuries to him as Ex.MO-2.
10.3. Further examination-in-chief of PW-3 Sh. Kundan Singh was deferred for want of Scooty. However, PW-3 Sh. Kundan Singh was expired during trial and hence, his further examination-in-chief could not be completed and vide order dated 15.09.2025, his name has been deleted from the list of witnesses after receiving his death verification report. 10.4. Law is well settled that the evidence of a witness, who could not be cross- examined, cannot be expunged, but the Court shall consider its evidentiary or probative value alongwith other evidence. Hon'ble High Court of Delhi in Crl. Appeal No. 44/1998 titled as Tunda Ram Dagar Vs. State (Dated 28.03.2011), has observed that :
"We are, however, of the view that the evidence of a witness, who dies before his cross-examination is recorded, is admissible in evidence. But, the weight to be attached to such evidence would vary and depend upon the circumstances of each case."
11. PW-4 Dr. R.K. Chaubey, Medical Officer, Department of Forensic Medicine, DDU Hospital, Delhi, has deposed that on 01.07.2019, one patient namely Rohit was brought by Constable Mahender Singh, PS Rajouri Garden. On the request of IO, blood sample of the patient was taken in gauze piece and the same was sealed with the seal of Hospital and it was given exhibit no. 1 and handed over to the IO for further investigation. He had prepared MLC of patient Rohit vide MLC no. 62787 dated 01.07.2019, proved as Ex. PW-4/A. Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 9 of 24
12. PW-5 SI Sube Singh has deposed that on 30.06.2019, he was posted as ASI at PCR and performing his duty at Tiger-48A. On the said vehicle Tiger-48A /PCR van, Ct. Rahul was driver. His duty hours were from 08:00 PM to 08:00 AM. On that day, in the intervening night of 30.06.2019 and 01.07.2019, between 12:30 AM to 12:45 AM, he was present on the abovesaid PCR van and were on patrolling. While patrolling, when they reached at Raja Garden Chowk, at about 12:45 AM, he had noticed two persons on one scooty and one of them was having knife and by showing the said knife to the TSR driver, robbed him and had also caused stab injuries to the said driver of TSR. Thereafter, they went towards khyala side. He chased them and had also informed to the vehicle Power nos. 7,8,13, 32, 34 & 53 about the same. They all chased them but they could not be apprehended. The vehicle Power no. 8/PCR van took injured to the hospital. He does not remember the complete registration number of scooty however the same was DL..4239. IO recorded his statement in this regard. This witness has correctly identified the accused Rohit before the Court while stating that this is the person who had robbed the TSR driver by showing him knife and had caused stab injuries. He has also correctly identified the case property i.e. one knife/Chopper as Ex.P.1 before the Court.
13. PW-6 HC Ram Kishan has deposed that on 11.07.2019, MHC(M) HC Nawal Kishore had handed over to him four sealed pulandas along with FSL forwarding Form, vide RC No. 174/21/19, proved as Ex.PW-6/A. He took the case property to FSL Rohini, and got deposited the same and obtained the acknowledgment from FSL Rohini and returned to PS - Rajouri Garden and handed over the acknowledgment, proved as Ex.
Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 10 of 24 PW-6/B, to MHC(M) HC Nawal Kishore. The case property and seals were remained intact so far they remained in his custody and no tampering was done. He had also signed the road certificate at the time of obtaining the case property.
14. PW-7 ASI Baljeet Singh has deposed that on the intervening night of 30.06.2019 - 01.07.2019, he was performing emergency duty along with ASI Kuldeep. They received the information vide DD No. 11A and thereafter, reached at the spot i.e. Raja Garden Chowk, where nobody concerning to the present case was found present however, they came to know that the injured has already been shifted to Guru Gobind Singh Hospital. IO left him at the spot to guard the spot and he went to Guru Gobind Singh Hospital. In the meanwhile, injured Kundan Singh came at the spot. IO also returned from the hospital to the spot. Kundan Singh was explaining the incident to the IO/ASI Kuldeep Singh, in the meantime, one boy came near to them while running and he informed that he had seen one boy entering the parking of City Square Mall and he was having a large shaped knife. Thereafter, he along with IO and injured Kundan reached at the parking of City Square Mall, where one boy was seen who was hiding himself behind the car and he was identified by the injured Kundan Singh as one who had looted him at knife point. This boy was apprehended and he disclosed his name as Rohit, correctly identified by the witness by pointing out towards him. The personal search of accused was conducted and from his possession one knife was recovered. From his personal search one wallet (Black Colour) was recovered and the same was found containing cash of Rs.1,070/-, One DL and one Aadhar Card in the name of one Krishan Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 11 of 24 Kumar. From the possession of accused, one mobile phone make Samsung J-2 and one another wallet (Red Colour) which was found containing cash of Rs.600/-, one permit of an Auto/TSR having last digits No. 2245 and some visiting cards. IO prepared the sketch of the knife. IO converted the knife into a cloth pulanda and sealed with the seal of 'KS'. The knife was taken into possession vide seizure memo, proved as Ex.PW3/C. IO had taken the mobile phone Samsung J-2 into police possession after converting into pulanda and sealed with the seal of 'KS' through seizure memo, proved as Ex.PW3/E. The red colour purse and black colour purse were also taken into possession after converting them into separate pulandas and sealed with the seal of 'KS'. The said seizure memos are proved as Ex.PW3/F and Ex.PW3/G respectively.
14.1. IO recorded the statement of Kundan Singh and handed over to him the rukka for registration of FIR. He took the rukka to PS Rajouri Garden and got the FIR registered. After registration of FIR, he returned to the parking of City Square Mall and handed over the original rukka and copy of FIR to the IO. Thereafter, they proceed to the spot and at the instance of complainant, IO prepared the site plan. The person Sh. Prabhat, who informed them about the accused informed the IO that he had to rush, therefore, IO relieved him and directed to come again for recording his statement. Accused Rohit was arrested vide arrest memo, proved as Ex.PW3/H and his personal search was conducted vide memo proved as Ex.PW3/I. The information of arrest of accused was intimated to his brother Naveen. After recording the supplementary statement of Kundan, he was relieved. After medical examination of accused Rohit, he was brought to PS Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 12 of 24 and IO made detailed enquiry from the accused and recorded his disclosure statement, proved Ex.PW7/A. Accused Rohit disclosed that he can get his associate Karan arrested along with whom he had committed other offences. Thereafter, accused was produced before the concerned Court and his one day PC remand was obtained. During PC remand, accused led them to near Ghode Wala Mandir for the apprehension of Karan, however, he was not found there.
14.2. Thereafter, accused Rohit led the police party to the parking of West Gate Mall and there he got recovered to Scooty make Honda Activa which he had stolen. Both the scooty were taken into possession vide seizure memo proved as Ex.PW7/B. During the investigation, IO seized the wearing white shirt of accused Rohit after converting into pulanda and sealing it with the seal of 'KS' vide memo, proved as Ex.PW7/C. The supplementary disclosure statement of accused Rohit was also recorded, proved as Ex.PW7/D. This witness has correctly identified the case property i.e. one knife/choppar as Ex.MO2; one white colour shirt, belonging to the accused as Ex.MO1 and one red/brown colour wallet containing Rs.600/-cash (in the denomination of Rs.100/- each), original TSR Permit in the name of Sanwarmal Kotiya and two visiting cards, recovered from the possession of accused Rohit as ExPW7/M1 (Colly.).
15. PW-8 ASI Chaman Sharma has deposed that on 01.07.2019, at about 04.30 AM, he received rukka through HC Baljeet sent by ASI Kuldeep Singh. On the basis of that rukka, he got registered the FIR of this case bearing no. 247/19, u/s 392/397/411/34 IPC through the computer operator on the computer installed in the PS, proved as Ex.PW-8/A (OS&R). He Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 13 of 24 made his endorsement, proved as Ex.PW-8/B on the rukka and after registration of FIR, he handed over the copy of FIR to HC Baljeet for handing over the same to ASI Kuldeep Singh. He had also issued certificate u/s 65 B Indian Evidence Act, proved as Ex.PW-8/C.
16. PW-9 Sh.Prabhat Singh, public witness has deposed that he does not remember the date, month and year of the incident. At the time of incident he was working in Hyatt Hotel, Kapashera, as Engineer Trainee/shift Engineer. At the time of incident, at about 11:00 P.M. to 12:00 A.M., he along with his friend Shivam Kakkar was roaming in Raja Garden area on the scooty of Shivam Kakkar. When they reached near Red Light of Raja Garden Chowk, he saw that one uncle of auto driver was crying and someone had ran away from his side. In the meanwhile, a PCR Van, was also passing from the road, he along with his friend Shivam Kakkar followed the person, who ran from side of auto driver. He saw that he went backside of the City Square Mall near the parking. At that time, gate of the parking was closed and the said person got struck due to lock of the gate. He saw that said person was also carrying a long knife (Maseti/Chapar used for cutting meat). He informed the guard of the Mall about the said person. Thereafter, guard informed the said person to keep himself at the place and don't come outside otherwise he will beat him. Therefore, said person remained near the gate of the parking situated backside of City Square Mall. In the meanwhile, police also reached there and apprehended the said person. Thereafter, police brought the accused to the police station where he saw that auto driver also came and he was having bandage on his injured hand. After seeing the accused Rohit in Court, this witness deposed that he seems like the person, Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 14 of 24 who had run from the side of auto driver and himself and his friend chased him and police had apprehended him. Due to lapse of time, he is unable to identify his face. During the investigation, he requested the IO that I does not want to be witness of the present case and therefore, he did not give any statement to the police.
17. PW-9 was cross-examined by the Ld. Prosecutor after seeking permission of the Court as he was submitting some contrary facts, wherein he has admitted that the incident was occurred in the intervening night of 30.06.2019-01.07.2019 at about 12:30 AM. He does not remember whether the person who sustained injury (auto driver) also reached at the spot along with the police when accused was apprehended from behind the car parked at the parking of City Square Mall. Accused Rohit was again shown to the witness and after seeing him, witness deposed that he might be the same person, who was apprehended by the police on that day.
18. PW-10 ASI Kuldeep Singh, Investigating Officer has deposed that on 30.06.2019, he was on emergency duty from 08:00 PM to 08:00 AM. On the intervening night of 30.06.2019/01.07.2019, at about 12:30 AM, he received DD no.11A qua regarding the quarrel. Thereafter, he alongwith HC Baljeet Singh reached at the spot i.e. at Raja Garden chowk, where they came to know that injured was taken to hospital. Thereafter, he left HC Baljeet Singh at the spot and proceeded towards the GGS hospital, where he got the MLC of injured namely Sh. Kundan Singh and the doctor told to him that the injured had left the hospital. Thereafter, he came back at the spot alongwith the MLC of injured and met the injured Kundan Singh at the spot. Injured/victim Sh. Kundan Singh briefed him about the incident that he is Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 15 of 24 TSR driver and left his passenger at Raghubir Nagar Chowk and thereafter, he came at Raja Garden chowk, where two young persons came on the Scooty and robbed him on the point of knife and also inflicted injuries on his hand. Meanwhile, one public person namely Prabhat came at the spot and told him that he saw a person having knife in his hand and he was running towards parking of City Square Mall.
18.1 Thereafter, he alongwith complainant Kundan Singh, public Person Prabhat, HC Baljeet went to the parking of City Square Mall, where accused Rohit was found hiding himself behind the Car and complainant Kundan Singh had identified him as the assailant who committed robbery with him and Prabhat also identified him as the person who was running towards the parking of City Square Mall. Thereafter, they apprehended the accused Rohit and during his search, two wallets, having black and red colours and one knife were recovered from his possession. The abovesaid two wallets and knife were seized vide seizure memo. The seizure memos of red colour wallets is proved as Ex.PW-3/F; that of black colour wallet is proved as Ex.PW-3/G and that of knife is proved as Ex. PW-3/C. He also prepared the sketch of recovered knife, proved as Ex.PW-10/A. One mobile phone make Samsung was also recovered from the possession of accused and the same was seized vide seizure memo, proved as Ex.PW-3/E. Thereafter, accused Rohit was arrested vide arrest memo, proved as Ex.PW-3/H and his personal search was conducted vide personal search memo, proved as Ex.PW-3/I. He recorded the statement of complainant Sh.Kundan Singh, proved as Ex.PW-3/A, when accused Rohit was apprehended from the parking of City Square Mall. Thereafter, he prepared Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 16 of 24 the rukka, proved as Ex. PW-10/B and handed over the same to HC Baljeet Singh for getting the registration of the FIR. After registration of the FIR, HC Baljeet Singh returned to the spot and handed over to him the original rukka and copy of FIR. After arrest of accused Rohit, his disclosure statement was recorded, proved as Ex.PW-7/A. Thereafter, at the instance of accused, two scooty were recovered, however, he does not remember their registration numbers and the same were seized vide seizure memos, proved as Ex.PW-7/B and Ex.PW-3/D. Thereafter, accused was taken to hospital for getting his medical examination and after getting his medical examination, accused was sent to the lock up of Police station. The recovered articles i.e. two wallets, knife, two scooty were deposited in the malkhana of PS. 18.2 On the next day, accused was produced before the concerned Court of Ld. MM and his one day PC remand was obtained for search of another co-accused however, the co-accused could not be traced. Thereafter, accused Rohit was sent to the Judicial custody. Thereafter, blood samples of accused Rohit and injured Kundan Singh were obtained and sent to FSL alongwith recovered knife. Thereafter, he recorded the statements of witnesses and prepared the charge sheet and filed the same before the concerned Court. This witness has correctly identified the accused as well as the case properties i.e. one knife/big Butcher's knife, which was recovered from the possession of accused during his personal search as Ex.MO-2; one red/brown colour purse, containing Rs. 600/- in cash (i.e. 06 notes of Rs. 100/-denomination) and one permit of TSR bearing no. DL-1RP-2245 of Sawar Mal Kotiya as Ex.PW-7/M-1 and one white shirt, belonging to the accused as Ex.MO-1.
Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 17 of 24 18.3 PW-10 was cross-examined by the Ld.Prosecutor after seeking permission of the Court as he is not disclosing the complete facts wherein he has admitted that he had prepared the site plan, Ex.PW-3/B at the instance of complainant Kundan Singh; that blood samples of accused Rohit and complainant Kundan Singh were seized vide seizure memo, proved as Ex.PW-10/C and Ex.PW-10/D; that the two scootys were recovered at the instance of accused Rohit, one is having registration no. DL-4SCF-5960, recovered from parking of West Gate mall, Rajouri Garden, make Activa and another is having registration no.DL-10SG-4239, recovered from basement of City Square Mall; that shirt worn by accused Rohit at the time of incident of white colour was seized vide seizure memo, proved as Ex.PW-7/C and that he also recorded the disclosure statement of accused Rohit qua the recovery of abovesaid two scooty, proved as Ex. PW-7/D.
19. On 15.09.2025, accused Rohit had admitted the document i.e. his previous involvement/conviction report from SCRB, Delhi and accordingly, the Ld. Prosecutor had dropped the witness related to said document.
20. Prosecution evidence was closed vide order dated 15.09.2025 on submissions of Ld. Addl. PP for the State that all the prosecution witnesses have been examined.
Statement of accused u/s 351 of BNSS
21. Thereafter, Statement of accused U/s 351 of BNSS was recorded, wherein he reiterated his innocence and false implication in the instant case just to solve these kind of cases. He has been implicated on the Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 18 of 24 basis of suspicion. The defence is of general denial and the accused chose not to lead any defence evidence.
Final arguments:
22. The Court has heard Ld. Addl. PP. for the State and Sh. R. R. Jha, Ld. LAC for accused and perused the entire material available on record carefully.
Appreciation of law & evidence:
23. The Court deems it appropriate to refer to the Law on the point before appreciating the merits of the present matter. It is a fundamental doctrine of criminal law that the onus to prove its case lies on the prosecution. Thus, in a criminal trial, the onus to prove the commission of offence by the accused is always upon the prosecution and the same never shifts upon the accused. The prosecution has to establish before the Court that the accused had committed the offence beyond shadow of all reasonable doubts.
24. The Hon'ble Supreme Court of India in the case of Nanjundappa and Anr. V. State of Karnataka , decided on 17th May, 2022 has reiterated its view taken in the judgment titled as S.L.Goswami V. State of Madhya Pradesh, 1972 Crl.L.J.511 SC that :
'....the onus of proving all the ingredients of an offence is always upon the prosecution and at no stage, does it shift to the accused. It is no part of the prosecution duty to somehow hook the crook. Even in cases, where defence of the accused does not appear to be credible or is palpably false, that burden upon the prosecution does not become any less. It is only when this burden is discharged that it will be for the accused to explain or controvert Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 19 of 24 the essential elements in the prosecution case, which would negative it. It is not however for the accused even at the initial stage to prove something which has to be eliminated by the prosecution to establish the ingredients of the offence with which he is charged, and even if, the onus shifts upon the accused and the accused has to establish his plea, the standard of proof is not the same as that which rests upon the prosecution'.
25. Now reverting to the present matter, the complainant/victim/injured Sh. Kundan Singh has deposed as PW-3 that on the date and time of incident, while he was standing at the spot, accused Rohit along with his associate came on a White Colour Activa Scooty and accused Rohit put a knife on his neck while the other accused caught hold of him and took out his wallet containing Rs.600/-, permit of his TSR and visiting car. However, when he resisted, accused Rohit caused a stab injury on his left hand. After robbing him, both accused persons had fled away on their scooty towards Moti Nagar. He raised alarm and on listening his voice, one PCR Van reached there and took him to GGS Hospital for medical treatment.
25.1 PW-3 further deposed that after his medical examination and treatment, he again reached the spot where he met the police and informed them about the incident. In the meanwhile, one public person reached there and informed them one person had entered parking of City Square Mall with a knife. He along with police officers reached at the said parking and accused Rohit was found hiding behind a parked car. The accused was identified by him and from his personal search his robbed wallet containing Rs.600/-, permit of his TSR and visiting cards were recovered and the said knife was also recovered from his possession. Accused Rohit also got recovered Scooty from the parking of basement of City Square Mall.
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26. However, PW-5 Retd. SI Sube Singh, who was present on duty in the PCR Van, which states to have reached at the spot immediately on hearing the voice of PW-3 injured has deposed contrary to PW-3 regarding the directions in which the accused persons fled away on their scooty after commission of the offence as PW-5 stated that they went towards Khyala side, since he also states to have witnessed the alleged incident. The spot is stated to be Raja Garden Chowk and Moti Nagar viz a viz Khyala are on opposite directions from the said spot. Even, Ct. Rahul, who was Driver on duty on said PCR Van has neither been examined or cited as witness by the prosecution despite being a material witness.
27. PW-9 Sh. Prabhat Singh, another eye witness of the alleged incident deposed that on the date and time of incident, while he was on scooty with his friend Shivam Kakkar, he witnessed that PW-3 was crying as someone had run away from his side and therefore, he and his friend followed that person. That person went to back side of City Square Mall near the parking, however, the gate of the parking was closed and the said person got stopped. The said person was carrying a long knife therefore, he informed the guard of the Mall. Accordingly, guard warned him to stay at the gate of the parking itself. In the meantime, police reached the spot and apprehended that person. They all were taken to police station where injured also came. However, he failed to identify the accused in the Court due to lapse of time. During his cross examination by defence, he admitted that the place where the accused has hided himself was a dark place and he was not in a position to see the face of the accused.
Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 21 of 24 27.1 From the careful perusal of testimony of PW-9, it is apparent that he is deposing about one assailant, who committed the alleged offence and fled away from the spot, whom he followed and got apprehended from the parking of City Square Mall. Whereas, PW-3 and PW-5 have deposed about two assailants in total contrast to PW-9, though they all are stated to be eye witnesses of the alleged incident.
27.2 Surprisingly, yet another material witness Sh. Shivam Kakkar, who accompanied PW-9 in chasing the accused has neither been cited as witness nor examined by the prosecution. Even, the guard of City Square Mall, who was informed about the presence of accused with knife by PW-9 and who consequently, stopped the accused near the parking gate has neither been cited as witness nor examined by the prosecution despite being another material witness in order to prove prosecution's case.
28. Furthermore, the testimonies of PW-3, PW-7 and PW-10 is totally contrary to the testimony of PW-9 since, all the aforesaid PWs I.e. PW-3 Sh. Kundan Singh/Complainant, PW-7 ASI Baljeet Singh and PW-10 IO/ASI Kuldeep Singh have deposed that while they were present at the spot, PW-9 came to the spot and informed them that a person having knife in his hand is present near the parking of City Square Mall and then, they all along with PW-9 went to the said parking, where the accused was found hiding behind a car. Whereas, PW-9 has categorically deposed that while he was present at the parking of City Square Mall, where the accused was present with knife in his hand, police had come and apprehended the accused. Thereafter, they were all taken to police station where PW-3/complainant came with bandage on his injured hand.
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29. Even, there is one more glaring contradiction, which has made yet another dent in the story set up by the prosecution which is the medical report of PW-3/injured as per which two lacerated injuries were found on the right wrist of the patient/PW-3, whereas PW-3 has deposed that accused caused stab injury on his left hand.
30. Moreso, the recovery of two Scooty at the instance of accused Rohit i.e. one having registration No. DL4SCF5960 and another having registration No. DL10SG4239 recovered from West Gate Mall of Rajouri Garden and from the basement of City Square Mall remains unexplained when only one scooty was alleged to be involved in the present case on which both the assailants came for committing robbery against PW-3.
Conclusion/findings :
31. Law is well settled that if the evidence is uncredible and cannot be accepted by test of prudence, then it may create a dent in the prosecution version, more so, when the discrepancy or omission or contradiction goes to the root of the matter. As in a criminal trial the onus is always on the prosecution to establish the guilt of the accused before the Court beyond the shadow of all reasonable doubts, however in the present matter the prosecution has not been able to prove its case beyond reasonable doubt in the background of major contradiction in the testimonies of the prosecution witnesses as discussed in the preceding paragraphs.
32. Accordingly, accused Rohit is acquitted of the charge punishable under Section 392/394/397/411 IPC. Accused Rohit is also acquitted of the Charge punishable under section and Section 25/27 Arms Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 23 of 24 Act in the present case FIR No. 247/2019, PS Rajouri Garden.
33. File be consigned to record room.
Digitally signedSHEFALI by SHEFALI BARNALA BARNALA TANDON TANDON Date: 2025.09.17 16:53:13 +0530 ANNOUNCED IN THE OPEN (SHEFALI BARNALA TANDON) COURT ON: 17.09.2025 ASJ-05 (West), THC, Delhi.
It is certified that this Judgment contains Digitally 24 pages signed by and each page bears my signatures. SHEFALI SHEFALI BARNALA BARNALA TANDON TANDON Date: 2025.09.17 16:53:18 +0530 (SHEFALI BARNALA TANDON) ASJ-05 (West), THC, Delhi 17.09.2025 Case No. 524/2019 FIR No. 247/2019 PS - Rajouri Garden State v. Rohit Page 24 of 24