Delhi District Court
State vs . Fazil Anr. on 31 October, 2019
IN THE COURT OF SH. ANUJ KUMAR SINGH
METROPOLITAN MEGISTRATE03 (SOUTH DISTRICT),
SAKET COURTS, NEW DELHI.
eFIR No. 000114/18
PS - Neb Sarai
State Vs. Fazil Anr.
JUDGMENT :
(a) Case No. CR5857/18
(b) Date of offence 08.02.2018
(c) Complainant Sh.Zaheer Khan
S/o Sh. Hafeez,
R/o H. No. 905/27, L2nd ,
Sangam Vihar, New Delhi.
(d) Accused 1. Fazil S/o Sh. Md. Iqbal,
R/o H. No. 295, Gali No. 5,
M1st, Sangam Vihar, New Delhi.
2. Pawan @ Pannu
S/o Sh. Om Prakash,
R/o H. No. 2303, Gali No. 15,
L1st, Sangam Vihar,New Delhi.
(e) Offences U/s 380/411/34 IPC
(f) Plea of accused Pleaded Not Guilty
(g) Final Order Acquitted
(h) Date of Institution 14.11.2018
(i) Date when judgment was 31.10.2019
reserved
(j) Date of judgment 31.10.2019
1. Briefly stated, both the accused persons have been chargesheeted in this case by the police on the allegations that on 08.02.2018 at about 12 AM to 12.30 AM at House No. 905/27, L2nd Sangam Vihar, New Delhi, within the jurisdiction of PS Neb Sarai, both the accused in furtherance of their common intention entered into the house of complainant Zaheer Khan and committed theft of two mobile phones make Micromax and Intex respectively belonging to complainant as well as cash amount of Rs. 5,000/ and secondly on 10.02.2018 , an amount of Rs. 1850/ was recovered from the possession of accused Pawan @ Pannu from M Block, near Jungle block, Sangam Vihar and Rs. 1400/was got recovered from the possession of accused Fajil from M Block near jungle block . As per the version of the prosecution, both the accused thus committed the offences u/s 380/411 /34 IPC.
2. After completion of the investigation, charge sheet was filed in the Court by the police and in compliance of provision u/s 207 CrPC, accused was supplied with all the documents. Thereafter, vide order dated 30.05.2019, charge in respect of the offences u/s. 380 / 411 / 34 IPC was framed against both the accused to which they pleaded not guilty and claimed trial.
PROSECUTION EVIDENCE In order to prove its case, prosecution examined only one witness:
3. Complainant Sh. Zaheer Khan has been examined as PW1, who deposed that " On 09.02.2018 at about 12 mid night, I locked the door from inside and slept inside my house. At about 8 AM, when I got up, I saw that the door of my house was opened and it created suspicion in my mind, when I checked my mobile which was lying on my cot , it was found missing. My son also checked his mobile , his mobile phone was also found missing. When I checked my pant which was hanging, Rs. 5000/ was found missing from the pocket of my pant. Both the mobile phone were of make Micromax and Inetx. Some unknown person had committed the theft in my house. Thereafter, I had registered an eFIR. Thereafter police persons approached me and I had given my written complaint to them which is Ex PW1/A bearing my signature at point A. Thereafter, I shown the spot to police and they prepared the site plan at my instance, the site plan is Ex PW1/B bearing my signature at point A. I can identify the case property i.e. Rs. 1850 / and Rs. 1400/, if shown to me ( Identity of case property is not disputed by ld LAC). I cannot identify the accused persons, as I did not see any person while committing the theft. At this stage, three photographs of accused persons which are affixed with judicial file, which are Ex P1 colly, are shown to witness and ask the witness to identify the accused persons through these photographs. Witness depose that pictures are not clear and I cannot identify the accused persons as I am not sure whether the persons who are in picture, are the same persons who are standing in the court. The CCTV footage is shown to witness which is Ex P2 and ask the witness to identify the accused persons, witness depose that as the CCTV footage is not clear, so I cannot identify the accused persons as to whether they are the same persons or not. "
4. Furthermore, the complainant settled the matter with both the accused for the offence u/s 411/34 IPC by making a separate statement to this effect for compounding the offence. In the facts and circumstances as revealed on record, the offence u/s 411 /34 IPC stood compounded by the Court vide order dated 31.10.2019 and both the accused stood acquitted for the said offence.
5. As far as offence u/s 380/34 IPC is concerned, since the complainant being the sole eye witness of the incident in question failed to identify both the accused being the actual culprit who committed theft of his mobile phones and cash amount of Rs. 5000/ on the date of incident, hence, the Court deemed it futile to record further prosecution evidence in this case by examining the remaining witnesses who happened to be police officials and were merely the official witnesses. The prosecution evidence was therefore closed by the Court vide order of the even date on 31.10.2019.
6. Vide separate statement recorded u/s. 294 CrPC, accused admitted the eFIR No. 000114/2018 (without contents), Certificate U/s. 65B of IE Act, CCTV footage, photographs and Certificate U/s. 65B of IE Act with regard to the CCTV footage as Ex A1 to Ex A5 respectively. Therefore, the above said documents were directed to be read in evidence without their formal proof.
7. Since nothing incriminating evidence has come on record against both the accused person, statement u/s. 313 CrPC qua both of accused was dispensed with.
APPRECIATION OF FACTS/CONTENTIONS/ANALYSIS AND FINDINGS:
8. Since the sole material prosecution witness i.e. PW1 (complainant himself) being the only eye witness of the incident in question failed to support the case of the prosecution and failed to identify the accused being the actual culprit responsible for the theft of his mobile phones and cash amount of Rs. 5,000/. Hence, the Court has no hesitation in hereby arriving at the finding that the prosecution has failed to prove its case against both the accused completely for the offence u/s 379/34 IPC. Accordingly, both the accused namely Fazil and Pawan @ Pannu are hereby acquitted of the offence u/s 379/34 IPC consequentially.
9. File be consigned to record room.
Digitally signed by
ANUJ KUMAR ANUJ KUMAR SINGH
SINGH Date: 2019.11.02
17:06:58 +0530
Announced in open court (Anuj Kumar Singh)
on 31.10.2019 MM03(South District)/Saket Courts
New Delhi/31.10.2019.