Delhi District Court
St. vs . Rashid Iqbal @ Adil, Fir No. : 72/05, Ps : ... on 4 December, 2012
IN THE COURT OF SH. T.S. KASHYAP
ADDITIONAL SESSIONS JUDGE-04, NORTH-EAST DISTRICT
KARKARDOOMA COURTS, DELHI
FIR No. : 72/2005
Under Section : 186/353/307/174-A IPC &
25/27/59 Arms Act
Police Station : Bhajanpura, Delhi
Sessions Case No. : 44/2011
Unique I.D. No. : 02402R0264462011
In the matter of :
STATE
Versus
RASHID IQBAL @ ADIL
S/o Moin @ Akhtar
R/o: V-96, Gali No. 218, Vijay Park, Delhi. ...............Accused Person
Date of Institution : 20.09.2011
Date of committal : 17.09.2011
Date of reserving judgment : 29.11.2012
Date of pronouncement : 01.12.2012
JU D G M E N T
1.This supplementary charge-sheet has been filed against accused Rashid Iqbal @ Adil for facing trial for commission of offences u/s 186/353/307/174-A IPC & 25/27 Arms Act. Since the accused was absconding and he had already been declared proclaimed offender, on 20.07.2011, accused was arrested u/s 41.1(c) Cr.PC by police of PS Jafrabad and vide DD No. 89-B, dated 20.07.2011, information was conveyed to concerned PS i.e. PS Bhajanpura, Delhi, and St. Vs. Rashid Iqbal @ Adil, FIR No. : 72/05, PS : Bhajanpura Page 1 of 2 accused was formally arrested on 06.08.2011 with the permission of Ld. MM. Accused made his disclosure statement that he had been absconding knowingly. Accordingly, this supplementary charge-sheet has been filed.
2. Earlier, the main charge-sheet u/s 186/353/307/34 IPC against 3 accused persons namely Sanoj Kumar, Vikram and Chaman Rastogi was filed showing two accused persons namely Rashid Iqbal @ Adil (accused herein in supplementary charge-sheet) and Manoj in column No. 2 who were declared proclaimed offenders. Later on, accused Manoj was also arrested and his supplementary charge-sheet was filed.
3. Vide order on charge dated 22.09.2009, passed by my Ld. Predecessor, accused Sanoj Kumar and Manoj were discharged from the present case whereas accused Vikram and Chaman Rastogi were charged for the offences punishable u/s 307/353/186/34 IPC to which they pleaded guilty and claimed trial. However, vide judgment dated 27.05.2011, giving the benefit of doubt, my Ld. Predecessor acquitted accused Vikram and Chaman Rastogi of all the charges.
4. The brief facts of the prosecution case as per main charge-sheet are that on 22.02.2005, at about 01.30 AM at House No. B-64, Shivaji Road, North-Ghonda, in front of Kabristan, Ct. Chanderpal alongwith Ct. Raj Kumar were present in the area on patrolling. On the way, Ct. Durgesh and Ct. Kailash also met them and when they reached near Kabristan they saw one maruti car without the number plate on the rear side. Three persons were unloading cartons and were keeping the same in one room. Adjacent to driving seat, Chaman Rastogi the B.C. of are and the liquor supplier was standing and on seeing the police party, accused Vikram who was sitting on the motorcycle St. Vs. Rashid Iqbal @ Adil, FIR No. : 72/05, PS : Bhajanpura Page 2 of 2 bearing No. DLSAE 7985, make Hero Honda who is son of Sumitra, told the three boys saying "Bhago Police Aa Gai" and accused Vikram ran towards the car challenging the police. Accused Vikram and Chaman fired on the police by country-made pistol while sitting in the car but they were saved and in return, they also fired. All of them ran towards Jama Masjid, North-Ghonda. The place where the cartons were being kept, was closed. The police got it opened and found one Narender, the person in whose house, 30 cartons of liquor bottles were kept and outside the house, two motorcycles bearing registration No. DL4SAE 7985 and DL5SN 6560 were found. The motorcycles were seized. Crime team and photographer were called at the spot. The motorcycle bearing registration No. DL4SAE 7985 belong to accused Sanoj Kumar who had got the same released on superdari. He was arrested and his TIP was also conducted which he refused to join. Later on, Vikram and Chaman Rastogi surrendered before the court and were arrested in this case. Subsequently, accused Sanoj, Vikram and Chaman were charge-sheeted alongwith accused Rashid, Iqbal and Manoj who were proclaimed offenders. Later on, accused Manoj was also arrested and his supplementary charge-sheet was also filed.
5. However, accused Rashid Iqbal @ Adil, proclaimed offender could not be arrested during trial at that time and now supplementary charge-sheet has been filed on his arrest. Copies of documents were supplied and after hearing the submissions, accused was charged for offence u/s 174-A IPC (as there was no sufficient incriminating evidence against him for the main offences u/s 186/353/307/174-A/34 IPC and 25/27/59 Arms Act) to which he pleaded not guilty and claimed trial.
6. The prosecution in main charge-sheet, had examined as much as 11 St. Vs. Rashid Iqbal @ Adil, FIR No. : 72/05, PS : Bhajanpura Page 3 of 2 witnesses. PW1 HC Chanderpal and PW3 PW3 HC Pargesh Kumar were the material witnesses who had witnessed the incident. PW2 HC Sooraj Pal, PW8 Sartaj, PW9 Sanoj Kumar, PW10 Sanjay Tyagi were the formal witnesses. PW4 ASI Dinesh Bhargav, PW5 HC Ravinder Kumar, PW6 HC Sudhir Malik, PW7 Rishi Pal and PW11 Inspector Virender Singh Punia proved the investigation and arrest of accused persons.
7. However, to prove its supplementary charge in respect of accused Rashid Iqbal @ Adil, the prosecution has examined the following 5 witnesses as under :-
1) PW-1 HC Shashi Bhushan, No. 184/NE of PS Jafrabad on 20.07.2011 was on patrolling duty alongwith Ct. Arif and Ct.
Chattar Singh, and on receipt of secret information had arrested the accused Rashid Iqbal u/s 41.1 (C) Cr.PC vide arrest memo Ex. PW1/A, conducted his personal search vide memo Ex. PW1/B, got the accused medically examined, made DD No. 46 B in this regard Ex. PW1/C, prepared Kalandara u/s 41.1 (C) Cr.PC Ex. PW1/D, produced the accused before the court and filed Kalandara in the court, and informed PS Bhajanpura about arrest of accused. He also identified the accused in the court.
2) PW2 Ct. Chattar Singh, No. 840/NE of PS Jafrabad had also accompanied PW1 HC Shashi Bhushan when accused was arrested by him. He also proved the documents Ex. PW1/A to Ex. PW1/D.
3) PW3 Ct. Arif Ali, No. 692/NE of PS Jafrabad is also the witness of the arrest of accused Rashid Iqbal and has deposed mutatis mutandis on the lines of PW-2.
St. Vs. Rashid Iqbal @ Adil, FIR No. : 72/05, PS : Bhajanpura Page 4 of 24) PW4 Ct. Vishwas Kharab, No. 2614/NE of PS Bhajanpura is the witness of formal arrest of accused Rashid Iqbal. On 06.08.2011, he accompanied IO/SI Naveen Rathi to KKD Courts where accused was produced u/s 41.1 (C) Cr.PC by the police officials of PS Jafrabad and IO with the permission of court interrogated and arrested the accused vide arrest memo Ex. PW4/A. This witness also proved the disclosure statement Ex. PW4/B, made by the accused.
5) PW5 SI Naveen Rathi, IO had arrested the accused on 06.08.2011 at KKD court. On 20.07.2011, he received the information regarding arrest of accused Rashid Iqbal u/s 41.1 (C) Cr.PC by the police of Jafrabad vide DD No. 46-B and also regarding his production before Ld. MM where on 06.08.2011 with the permission of court, he interrogated and arrested the accused vide Memo Ex. PW4/A and recorded his disclosure statement Ex. PW4/B wherein the accused confessed his involvement in the present case. Ct. Vishwas had also accompanied him during the proceedings whose statement was also recorded by this witness. He prepared the supplementary charge-sheet in respect of accused Rashid Iqbal and submitted the same in the court through SHO. He identified the accused Rashid Iqbal who was present in the court.
8. After conclusion of prosecution evidence, statement of accused Rashid Iqbal @ Adil was recorded u/s 313 Cr.PC wherein he denied the prosecution evidence and claimed that he has been falsely implicated in the present case by the police. However, he did not opt to adduce evidence in his defence.
St. Vs. Rashid Iqbal @ Adil, FIR No. : 72/05, PS : Bhajanpura Page 5 of 29. I have heard submissions from Sh. Virender Singh, Ld. Addl. PP and from Sh. Irfan Khan, Defence Counsel. I have also gone through the record.
10. In order to prove charge u/s 174-A IPC, prosecution was required to prove that the accused was declared proclaimed offence u/s 82 (i) Cr.PC and has been arrested as such.
PW 1 HC Shashi Bhushan has deposed that on 20.07.2007 on receipt of secret information, accused Rashid Iqbal was arrested u/s 41.1 (c) Cr.PC vide arrest memo Ex. PW1/A who was declared proclaimed offender in the present case and in case FIR No. 393/02 u/s 61/1/14 Excise Act, PS Bhajan Pura. He also made a DD entry 46-B dated 20.07.2011 Ex. PW1/C and prepared Kalandara u/s 41.1 (c) Cr.PC Ex. PW1/D. On that day, Ct. Arif and Ct. Chhatar Singh were also with him at Brahampuri Road. He also identified the accused in the court. PW2 Ct. Chattar Singh and PW3 Ct. Arif Ali have also corroborated the said facts and corroborated the documentary evidence. PW4 Ct. Vishwas Kharab has deposed that on 06.08.2007 accused Rashid Iqbal was produced u/s 41.1 (c) Cr.PC by police officials of PS Jafrabad in KKD courts. In the statement u/s 313 Cr.PC accused has merely pleaded that he was falsely implicated and witnesses were interested and no evidence has been adduced on behalf of the accused in his defence. The court can take judicial notice of the judicial proceedings as per section 80 of Indian Evidence Act. In the present case, Ld. Court of MM had issued process u/s 82 Cr.PC against accused Rashid Iqbal which were executed by SI Virender Singh whose statement was recorded by Ld. MM on 30.08.2005 wherein his report Ex. CW1/A regarding execution of process u/s 82 Cr.PC at address of accused Rashid Iqbal @ Adil s/o Moin, r/o V-96, No. 21B, House of Gyan Singh Vidudi, Vijay Park, Delhi, has been St. Vs. Rashid Iqbal @ Adil, FIR No. : 72/05, PS : Bhajanpura Page 6 of 2 proved. Ld. MM had also declared the accused Proclaimed Offender on the same day. The testimony of PW1 HC Shashi Bhushan, PW2 Ct. Chattar Singh and PW3 Ct. Arif Ali has established on record that the accused Rashid Iqbal @ Adil has been arrested as proclaimed offender and Kalandara u/s 41.1 (c) Cr.PC has been filed and therefore, charge for offence u/s 174-A IPC against the accused has been proved beyond reasonable doubt. Accused Rashid Iqbal @ Adil is therefore, held guilty and convicted for commission of offence u/s 174-A IPC.
11. Let submissions be heard on the point of sentence.
Announced in the open court T.S. KASHYAP
today i.e on 01.12.2012 ASJ-04/NORTH-AST/DELHI
St. Vs. Rashid Iqbal @ Adil, FIR No. : 72/05, PS : Bhajanpura Page 7 of 2
IN THE COURT OF SH. T.S. KASHYAP
ADDITIONAL SESSIONS JUDGE-04, NORTH-EAST DISTRICT KARKARDOOMA COURTS, DELHI Unique I.D. No.: 02402R0264462011 Sessions Case No. : 44/2011 FIR No. : 72/2005 U/s : 186/353/307/174-A IPC & section 25/27/59 Arms Act PS : Bhajan Pura STATE Versus RASHID IQBAL @ ADIL S/o Moin @ Akhtar R/o: V-96, Gali No. 218, Vijay Park, Delhi. ...............Accused Person ORDER ON SENTENCE Present : Sh. Virender Singh, Ld. Addl. PP for State.
Accused Rashid Iqbal @ Adil on bail with counsel Sh. Irfan Khan Advocate.
It is 03.15 p.m. Vide my separate judgment dated 01.12.2012, accused Rashid Iqbal @ Adil was held guilty and convicted for commission of offence u/s 174-A IPC.
I have heard submissions on the point of sentence. Ld. Counsel for convict has submitted that charge for commission of offence under sections 186/353/307/174-A IPC & 25/27/59 Arms Act was not framed against the convict as there was no sufficient incriminating evidence against him and PO proceedings were conducted against the convict at the address where he was not residing and he has already suffered in jail for about two months i.e. since 21.07.2011 till 21.09.2011 by remaining in judicial custody and therefore, a lenient view be taken and he be sentenced for the period already undergone by him in judicial custody.
Ld. Addl. PP, however, has submitted that offence under St. Vs. Rashid Iqbal @ Adil, FIR No. : 72/05, PS : Bhajanpura Page 8 of 2 section 174-A IPC entails punishment for imprisonment for a period upto seven years and the convict had absconded from the available address with the knowledge of main case against him and evaded his arrest and therefore, he be awarded the maximum punishment.
A perusal of record reveals that co-accused persons were acquitted/discharged by my Ld. Predecessor for the main offences as none of them was properly identified. As per the prosecution, the name of convict cropped up only on disclosure statement made by co-accused and therefore, he was not charged for the main offences u/s 186/353/307/174-A IPC & 25/27/59 Arms Act. Convict was charged only for commission of offence u/s 174-A IPC and since he was not charged for the main offences, in my considered view, interest of justice shall be met if convict is sentenced for the period already suffered by him in judicial custody. Accordingly, convict is hereby sentenced for imprisonment for the period already undergone in judicial custody (i.e. from 21.07.2011 to 21.09.2011) by him.
Convict is now on bail. Therefore, his bail bond is cancelled and Surety is discharged. Copy of judgment and order on sentence be given to the convict free of cost.
Case file be consigned to Record Room.
Announced in the open court T.S. KASHYAP
today on 04th Day of December, 2012 ASJ-04/NORTH-AST/DELHI
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