Delhi District Court
State vs . Sheikh Latif Etc. on 13 September, 2007
IN THE COURT OF SH. SATINDER KUMAR GAUTAM
METROPOLITAN MAGISTRATE : M.M. DELHI
STATE VS. SHEIKH LATIF ETC.
FIR/CC NO: 56/98
P. S. RPF/DLI
JUDGEMENT U/S 355 Cr.P.C.:
a) Serial No. of the case : 171/03
b) Date of offence : 4.10.98
c) Offence complained of : 3RP (UP) Act.
d) Name of complainant : ASI Gokul Ram Meena
e) Name of accused, his : 1- Sheikh Latif S/o Sheikh
parentage & residence Mansur R/o Village Samsadal,
Distt. Madnipur, Kolkutta, West
Bengal. ( Already convicted
vide order dated 5.8.99)
2- Asan Khan S/o Fawad Khan
R/o Village Samsadal,
Distt. Madnipur, Kolkutta, West
Bengal. Present Address.
Rented hour No. 024/141,
Gandhi Nagar, Delhi.
f) Plea of accused : Pleaded not guilty
g) Final order : Convicted
h) Date of institution of case : 26.6.2003
i) Date on which case reserved : 20.8.2007
for judgment
j) Date of judgment : 13.9.2007
Contd..........
/2/
BRIEF FACTS AND REASONS FOR DECISION:
1- Briefly stating, as per case of prosecution, the present accused namely Asan Khan alongwith co accused Sheikh Latif ( already convicted vide order dated 5.8.99) has been facing trial on the allegation that on 4.10.98 at about 5.45 hours at PF Sadar Bazar Delhi within the jurisdiction of RPF. Delhi Main, he was apprehended by RPF staff and was found in possession of two packages having railway marka No. 375202 and 373210 belonging to the Railway Department and reasonably suspected of having been stolen or obtained unlawfully and thus a case for offence punishable u/s 3 of RP(UP) Act, 1996 has been registered against the accused. The IO after completion of investigation has filed the chargesheet before the court. 2- Copies of complaint and other documents were supplied to the accused and case was fixed for pre-charge evidence vide order dated 7.1.99 During pre-charge evidence, prosecution examined PW1 Raj Singh, Parcel Clerk, PW2 ASI Gokul Ram Meena and Hari Ram as PW3, after that pre-charge P.E. was closed. Thereafter, charge for offence U/S 3RP(UP) Act was framed against the accused on 27.5.99 which accused pleaded not guilty and claimed trial.
3- PW1 Raj Singh Parcel Clerk has deposed that on 4.10.98 has proved the the stealing of the two packages during his duty time and has proved the theft memo in this regard Ex. PW1/A. Contd..........
/3/ 4- PW2 ASI Gokul Ram Meena was the EO of the case and has deposed that on 4.10.98 he alongwith Ct. Janam Singh and Ct. Daljit Singh were on patrolling duty . On that day at about 5.40 hours passenger train GPP-2 departed from PF No. 12/15 towards Sadar Bazar. They saw two booked packages in a railway coach. He further deposed that they boarded the rear coach of the train and at about 5.45 hours train reached at Sadar Bazar Railway Station where STE Satpal Singh came down with the accused persons namely Sheikh Latif and Asan Khan and alongwith the booked packages. Both the accused have failed to give any satisfactory reply regarding the possession of the goods recovered in their possession. Same were taken into possession vide Ex. PW2/A . Both accused were interrogated and arrested vide memo Ex. PW2/B, their disclosure statement was recorded vide Ex. PW2/D and E and point out memo was also prepared at the spot Ex. PW2/F. The confessional statement of accused persons was recorded vide Ex. PW2/G and H. He further deposed that he collected the unloading and loading particulars of the said packages. He has correctly identified the accused as well as the case property when the same was produced before him during recording of his statement.
5- PW3 was Hair Ram, who was owner of the said two packages and has deposed that on 25.9.98 he has booked that said two packages of tea Contd..........
/4/ from Assam and has proved the same vide Ex. PW3/A and PW3/B and has further proved the on 31.10.98 he has identified the aforesaid booked package which was stolen vide identification memo Ex. PW3/C 6- PW4 Ct. Daljit Singh and PW6 Ct. Jana Singh are the witnesses of the recovery and both of them have fully supported the case of the complainant . Both the aforesaid witnesses has reiterated the versions as stated by PW2 ASI Gokul Ram Meena and have also proved the document prepared during the investigation as exhibited by PW2 above. Both of them have correctly identified the accused as well as the case property during recording of their statement before the court. 7- PW5 was B.C Sharma , the Parcel Clerk from Tinsukhia Assam and has proved the booking of said packages from Tinsukhia after receiving appropriate fare for the same vide bill No. 373210 and has proved the entry and receipt to this effect Ex. PW3/A and B. 8- PW7 Satpal Singh has deposed that on 4.10.98 he was posted as STE at Delhi (m) on that day he was on duty at Sadar Bazar when he was checking ticket to passengers in train No. DPP-2 two persons get down from train , I checked their ticket at platform they were found ticket less and found in possession of two packages booked consignment of railway in the meanwhile ASI Gokul Ram Meena /PW2 alongwith staff reached there and Contd..........
/5/ on enquiry accused persons reveled their name as Asan Khan and Sheikh Latif. He further deposed that he handedover both the accused to them and the case property was seized in his presence vide Ex. PW2/A. 9- The accused Asan Khan in his statement recorded on 20.8.2007 has denied to commit the offence in question as well as denied all the incriminating evidence as false and incorrect and refused to lead any evidence in his defence.
10- I have heard the submission of Ld. APP and of accused in person and have carefully gone through the record.
11- As stated above to bring home the guilty of the accused , the prosecution had examined 7 witnesses in support of its case. All of them have fully support the case of the prosecution. The prosecution examined all its material/star witnesses i.e. PW2 ASI Gokul Ram Meena who was EO of the case, PW4 Ct. Daljit and PW6 Ct. Janam Singh who are the other witnesses who were present with the IO during investigation of the case. Moreover the star witness of the prosecution is PW7 STE Satpal Singh, who has categorically established the date, time and place of the incident on which the both accused have been apprehended with the booked packages of bearing railway marka. He has also correctly identified the accused as well as the case recovered from the possession of accused persons on the date of Contd..........
/6/ incident. The testimony of all the aforesaid witnesses remained unrebutted as accused has failed to cross examine all of them either at the pre charge evidence or in after charge evidence. Keeping in view the aforesaid discussion, I have no reason to disbelieve the testimony of aforesaid as they have proved the case of the prosecution in well manner. There are no material contradiction in the statement of aforesaid witnesses. The accused has simply denied the case of the prosecution in his statement but has refused to lead any evidence in his defence regarding possession of case property on the date of incident which also create doubt on the credibility of the accused.
12- In view of the aforesaid discussion I am of the view that prosecution has proved its case against the accused beyond reasonable doubt. Hence accused Asan Khan S/o Fawad Khan is hereby convicted for offence U/S 3 RP(UP) Act.
ANNOUNCED IN THE OPEN COURT TODAY 13.9.2007 (SATINDER KUMAR GAUTAM) METROPOLITAN MAGISTRATE DELHI IN THE COURT OF SH. SATINDER KUMAR GAUTAM METROPOLITAN MAGISTRATE : M.M. DELHI STATE VS. SHEIKH LATIF ETC.
FIR/CC NO: 56/98 P. S. RPF/DLI ORDER ON SENTENCE:
Present: APP for State.
Accused Asan Khan on bail.
The accused has been convicted for offence punishable u/s 3 RP(UP) Act vide separate judgment of this court dated 13.9.2007..
Heard the accused on the point of sentence. Accused submitted that he belonged to very poor family. He further submitted that he have also remained in J/C in this case. He further submitted that he is only earing member of his family and prayed for a lenient view.
Considering the nature of the offence and socio, economic condition of the convict, he is sentenced to 4 months RI with fine Rs. 5000/- , I/D 15 days u/s 3RP(UP) Act. Case property be disposed off according to the court of law. Benefit of section 428 Cr.P.C is also awarded to accused. File be consigned to Record Room.
ANNOUNCED IN THE OPEN COURT TODAY 13.09.2007 (SATINDER KUMAR GAUTAM) METROPOLITAN MAGISTRATE DELHI