Delhi District Court
State vs . Munna@ Ajay & Ors on 2 May, 2019
IN THE COURT OF SH. ARUN GOEL
METROPOLITAN MAGISTRATE07, NORTH DISTRICT,
ROHINI COURTS, DELHI
STATE VS. MUNNA@ AJAY & Ors
PS: SWAROOP NAGAR
JUDGEMENT
(a) The FIR no. of the case : 468/18
(b) Police Station : Swaroop Nagar
(c) The date of commission of offence : 26.10.2018
(d) The name of complainant : Sh. Shashi Ranjan Shah
(e) The name of accused : Munna @ Ajay @ Ajju
S/o Sh. Bhudev
R/o House no. 616, MCD
Flats, Gat no.5, Jahangir
puri, Delhi.
(2) Mukhtar @ Hunny
S/o Sh. Md. Ismaile
R/o House no. 93637,
C Block, Jahangir puri,
Delhi.
(3) Sahil @ Raghu
S/o Sh. Hasmuddin
R/o House no. 933, Kalandar
Colony, Bhalswa, Delhi.
(e) The offence complained of :U/s 392(2)/411/34 IPC
(f) The plea of accused : Pleaded not guilty
and claimed trial.
FIR No. 468/18 State Vs.Munna @ Ajay & ors. 1 of 5
(g) Date of Institution : 29.01.2009
(h) The date on which
judgment was reserved : 02.05.2019
(i) The final order : Acquitted
(j) The date of such order : 02.05.2019
(k) The Unique Identification Number : 428/2019
Brief statement of the reasons for the decision:
1. The case of the prosecution is that on 26.10.2018, at about 12:30 pm, near Libaspur Underpass, Swaroop Nagar on Highway, Delhi that accused persons robbed the complainant Shashi Ranjan Shah of Rs.3,73,000/ after putting him in the fear of causing hurt by knife for the purpose of committing robbery and on 02.11.2018 at House no. 616, Gate no. 5, MCD Flats the looted amount of Rs.15,000/ was recovered from the possession of accused Munna. On 04.11.2018, at C Block, 936 937, Jahangir Puri, the looted amount of Rs.10,000/ was recovered from the possession of accused Mukhtiyar @ Hunny and thereafter, the investigation was done in this case and then chargesheet u/s 392(2)/411/34 IPC was filed. Accused persons were summoned and documents were supplied to the accused persons in compliance of section 207 Cr.P.C.
2. Thereafter, charge was framed u/s 392(2)/34 IPC was framed against the accused persons. A separate charge u/s 411 IPC was also FIR No. 468/18 State Vs.Munna @ Ajay & ors. 2 of 5 framed against the accused Mukhtar and Munna on 18.02.2019. The accused persons pleaded not guilty and claimed trial.
3. It is relevant here in to mention that in the present case, complainant and the accused Mukhtar and Munna compromised the matter u/s 411 IPC. In view of statement of complainant, the offences U/s 411 IPC against the accused Mukhtar and Munna were compounded and accused persons were acquitted for offences u/s 411 IPC.
4. Matter was listed for prosecution evidence. Prosecution examined following witnesses :
5. Sh. Shashi Ranjan Shah was examined as PW1. He stated that he used to prepare truck body at Meera Body Builders situated at Sanjay Gandhi Transport Nagar, Delhi. He further stated that on 25.10.2018, at about 11:00 pm, he had received Rs.2,70,000/ from a customer for preparation of truck body and he had withdrawn Rs.1,00,000/ from his bank and he also Rs.3000/ in his pocket. He further stated that on 26.10.2018 at about 12:15 am, he alongwith his brother in law Kamod Shah and his cousin brother namely Raju were going towards his house on Bullet Motorcycle from his workshop situated at Sanjay Gandhi Transport Nagar, Delhi. At that time, he was having Rs.3,73,000/ in his wearing pants pockets. At about 12:30 am, when they crossed the Libaspur Underpass, three young boys came on motorcycle from FIR No. 468/18 State Vs.Munna @ Ajay & ors. 3 of 5 backside and stopped their motorcycle. One boy had put hold his neck, second boy put a knife on his forehead (kanpati) and third boy removed/ robbed Rs.3,73,000/ from his pocket and they also robbed his purse. After committing robbery from the complainant, the accused boys ran away on their motorcycle. He further stated that his brother in law namely Kamod and cousin brother Raju had fled away from the spot before commission of robbery as they had got afraid and one passerby had made a call at 100 number. He further stated that due to darkness he could not see the face of the accused persons, who had committed robbery with his and at the time of committing robbery the accused persons were wearing helmets. He further stated that he also could not see the registration number of the motorcycle used by the accused persons. After some time, police reached at the spot and police official recorded his statement as Ex.PW1/A. He had shown the place of incident to the police. Police official prepared site plan at his instance, which is Ex.PW1/B. The witness had failed to identify the accused persons. Ld. APP sought permission to cross examine the said witness as he was found resiling from his earlier statement recorded by police but even in his cross examination he failed to identify the accused persons.
6. As the main witness of the prosecution had failed to identify the accused persons. The evidence of remaining witnesses who were formal in nature was dispensed with. Hence, PE was closed and FIR No. 468/18 State Vs.Munna @ Ajay & ors. 4 of 5 statement of accused U/s 313 Cr.P.C. was also dispensed with as there was no incriminating evidence against the accused persons.
7. Thereafter the matter was fixed for final arguments. Accordingly, final arguments were advanced by both the parties.
8. In the present case of the prosecution, accused persons were robbery with the complainant. Complainant Shashi Ranjan Shah was the only eye witness present at the time of commission of offence. He was examined as a witness and he failed to identify the accused persons. He declared hostile by Ld. APP and was cross examined but even then he failed to identify the accused persons. There is no other evidence produce by the prosecution to establish the identity of the accused persons as a person who are the responsible for the commission of the offence.
9. Hence in these circumstances, I am of the considered opinion that the prosecution has miserably failed to prove its case beyond reasonable doubts. The accused Mukhtar @ Hunny, Munna and Sahil are accordingly acquitted for the offence u/s 392 (2)/34 IPC.
Digitally signed by ARUN ARUN GOEL Date:
GOEL 2019.05.04 Announced in the open court 15:45:09 +0530 today i.e. on 2th day of May, 2019 (Arun Goel) MM07/North/Rohini/Delhi 02.05.2019 FIR No. 468/18 State Vs.Munna @ Ajay & ors. 5 of 5