Delhi District Court
State vs Ajeet Singh on 6 August, 2025
IN THE COURT OF SH. RAGHAV SHARMA, JMFC06, SOUTH EAST DISTRICT,
SAKET COURTS, NEW DELHI
STATE VS. Ajeet Singh
FIR NO: 343/2018
P. S Kalkaji
U/s 457/380/411/34 IPC
Cr CASES 8347/2018
JUDGMENT
Name of the complainant : Umesh Chand Sharma,
S/o Late Sh. Pyare Lal,
R/o H. NO. 92/2, Neb Sarai,
New Delhi.
Date of Commission of offence : 04/05.09.2018
Name of the accused : Ajeet Singh,
S/o Sh. Hari Prasad,
R/o H.NO.504, Sudhar
Camp, New Delhi.
Plea of accused : Not Guilty
Case reserved for orders : 18.07.2025
Final Order : Acquitted
Digitally signed
by RAGHAV
RAGHAV SHARMA
SHARMA Date:
Date of orders : 06.08.2025
2025.08.06
15:07:35 +0530
FIR no. 343/2018 State Vs. Ajeet Singh 1/11
BRIEF STATEMENT OF FACTS FOR THE DECISION:
1. This is the prosecution of the accused Ajeet Singh pursuant to a charge sheet filed by the PS Kalkaji u/s 457/380/411/34 IPC subsequent to the investigation carried out by them in FIR no. 343/2018.
2. As per the case of prosecution, on 05/05.09.2018 at about 03:15 AM accused alongwith coaccused (CCL) committed house breaking in the office situated at 62, Krishna Market, MCD Office, Kalkaji, New Delhi. Further, accused alongwith coaccused (CCL) committed theft of 5 biometric machines from the above office. On 05.09.2018 accused alongwith coaccused (CCL) were apprehended by the police officials and two stolen biometric machines were recovered from their possession.
3. On completion of investigation and other formalities, charge sheet was submitted against the accused and the accused was indicted on charge u/s 457/380/411/34 IPC on 02.11.2021. He pleaded not guilty and claimed trial.
4. The prosecution, to prove above charges against the accused, tendered oral as well as documentary evidence. In all five witnesses were examined.
5. PW1 Sh. Prabhakaran deposed that he had met the police official at the scrap of Kalkaji where several other public persons were present. Accused Ajit Singh was arrested and seizure memo of biometric machine and witness identified the same which are Ex.PW1/A and Ex.PW1/B. Further, witness signed on two papers in Digitally signed RAGHAV by RAGHAV the PS Kalkaji, when he was called by the police officials.
SHARMA
SHARMA Date: 2025.08.06
15:07:40 +0530
FIR no. 343/2018 State Vs. Ajeet Singh 2/11
6. PW2 SI Goverdhan deposed that on 05.09.2018, he received the present case file for investigation. During course of investigation, he along with Ct. Ashok went to the spot i.e. Krishna Market, MCD office where he met with complainant namely Umesh Chand Sharma. He enquired with him. During enquiry, he disclosed that yesterday i.e. on 04.09.2018, he had locked the office at about 03:00 pm and when he came back on 05.09.2018 at about 08:30 am, he found that the door on which he locked was opened and the lock was hanging on the bolt. He along with Ct. Ashok and complainant Umesh Chand Sharma tried to search of accused in the nearby area i.e. Sudhar Camp, near MCD Office. During search, one person namely Prabhakaran met who stated that on the intervening night of 0405.09.2018, at about 02:30 am, when he had gone to the ATM near the MCD office he saw there Ajit, Mithoon and Shivam were coming from MCD office and they were carrying a polythene bag. He stated that he was acquainted with all these three accused persons and they resides in the jhuggi of Sudhar Camp. Prabhakaran took them to the Jhuggi of Mithoon. Mithoon was found present at his jhuggi. He interrogated with Mithoon. During enquiry he came to know that Mithoon was juvenile, therefore, he called JWO SI Satvender at the spot. SI Satvender arrived at the jhuggi of Mithoon. He enquired Mithoon and he confessed that he along with Ajit and Shivam had stolen five biometric machines from MCD office, Krishna Market. He recorded the version of CCL "M" Ex. PW2/1. CCL "M" got recovered two biometric machines which he had kept under the mattress in his house. He kept both the biometric machines in white cloth and prepared pullanda. He sealed the same with the seal of "GS". He prepared seizure memo vide Ex. PW2/2. He does not remember the model of biometric machines, however, he mentioned the same in the seizure memo. CCL "M" disclosed that two biometric machines had been kept with Ajit and one biometric machine had been kept with Shivam. He prepared apprehension memo of CCL "M" vide Ex. PW2/3. He along with complainant Umesh Sharma, Ct. Digitally signed RAGHAV by RAGHAV SHARMA SHARMA Date:
FIR no. 343/2018 State Vs. Ajeet Singh 2025.08.06 15:07:47 +0530 3/11 Ashok Kumar, Prabhakaran, SI Satvender and CCL "M" went to the house of Ajit. Ajit was present at his house at Sudhar Camp. He enquired him. He confessed his involvement in the case. He recorded his disclosure statement vide Ex. PW2/4. He got recovered two biometric machines from his house/jhuggi. He kept both the biometric machines in white colour cloth and sealed the same with the seal of "GS". He prepared seizure memo of recovered biometric machines already Ex.PW1/B. He prepared arrest memo of accused Ajit already Ex. PW1/A. He prepared personal search memo of accused Ajit now Ex. PW2/5. Thereafter, he recorded statement of Prabhakaran and Umesh Chand u/s 161 Cr.P.C. Thereafter, Prabhakaran and Umesh Chand left the investigation. During further course of investigation, he along with SI Satvender, Ct. Ashok, accused Ajit, CCL "M" went to the house of Shivam at Sangam Vihar. Shivam was found present at his house. During enquiry he came to know that Shivam was juvenile. He enquired with CCL "S" and recorded his version vide Ex. PW2/6. He got recovered one biometric machine from the iron trunk which was kept inside his house. He seized the recovered biometric machine from the possession of CCL "S" and sealed the same with the seal of "GS". He prepared seizure memo vide Ex. PW2/7. He prepared apprehension memo of CCL "S" vide Ex.PW2/8. Thereafter, they brought accused Ajit, CCL "M" and "S" along with the recovered case property to PS. He deposited the case properties in the Malkhana. Thereafter, he sent both the CCLs to AIIMS Hospital for their medical examination along with Ct. Ashok and Ct. Munnalal. After medical examination Ct. Ashok and Ct. Munnalal shifted both the CCLs to Seva Kutir. Thereafter, he got conducted medical examination of accused Ajit. After medical examination, he kept accused Ajit in the PS. On the next day, he produced accused Ajit before the court and he was sent to JC. During course of investigation, he collected list of stolen biometric machines with their numbers. He prepared site plan at the instance of complainant vide Ex.PW2/9. After completion of investigation, Digitally signed by he RAGHAV RAGHAV SHARMA FIR no. 343/2018 State Vs. Ajeet Singh SHARMA Date: 2025.08.06 15:07:55 +0530 4/11 prepared the chargesheet and filed the same before the court. At this stage, photographs of recovered biometric machines are shown to the witness and he correctly identified the same. The same are now Ex. P1 (colly.). He does not remember the serial no. of the biometric machines, however, the same had been mentioned in the seizure memo.
7. PW3 Inspector Satvinder deposed that on on 05.09.2018, he was called by the IO / ASI Goverdhan Singh to Sudhar Camp. He reached there and the IO along with Ct. Ashok, Prabhakaran and the complainant were found present at jhuggi of Mithoon. Mithoon was found present at his jhuggi. He joined the investigation and the IO interrogated CCL Mithoon. During enquiry came they came to know that Mithoon was juvenile, therefore, IO enquired Mithoon and he confessed that he along with Ajit and Shivam had stolen five biometric machines from MCD office, Krishna Market. IO recorded the version of CCL "M" already Ex. PW2/1. CCL "M" got recovered two biometric machines which he had kept under the mattress in his house. IO kept both the biometric machines in white cloth and prepared pullanda. IO sealed the same with the seal of "GS". IO prepared seizure memo vide already Ex. PW2/2. CCL "M" disclosed that two biometric machines had been kept with Ajit and one biometric machine had been kept with Shivam. IO prepared apprehension memo of CCL "M" vide already Ex. PW2/3. He along with complainant Umesh Sharma, IO, Ct. Ashok Kumar, Prabhakaran, and CCL "M" went to the house of Ajit. Ajit was present at his house at Sudhar Camp. IO enquired him. He confessed his involvement in the case. IO recorded his disclosure statement vide already Ex. PW2/4. He got recovered two biometric machines from his house/jhuggi. IO kept both the biometric machines in white colour cloth and sealed the same with the seal of "GS". IO prepared seizure memo of recovered biometric machines already Ex. PW1/B. IO prepared arrest memo of accused Ajit already Ex. PW1/A. IO prepared personal search memo of Digitally signed RAGHAV by RAGHAV SHARMA FIR no. 343/2018 State Vs. Ajeet Singh 15:08:01 +0530 5/11 SHARMA Date: 2025.08.06 accused Ajit already Ex. PW2/5. Thereafter, IO recorded statement of Prabhakaran and Umesh Chand u/s 161 Cr.P.C. Thereafter, Prabhakaran and Umesh Chand left the investigation. During further course of investigation, he along with IO, Ct. Ashok, accused Ajit, CCL "M" went to the house of Shivam at Sangam Vihar. Shivam was found present at his house. During enquiry IO came to know that Shivam was juvenile. IO enquired with CCL "S" and recorded his version vide already Ex. PW2/6. He got recovered one biometric machine from the iron trunk which was kept inside his house. IO seized the recovered biometric machine from the possession of CCL "S" and sealed the same with the seal of "GS". IO prepared seizure memo vide already Ex. PW2/7. IO prepared apprehension memo of CCL "S" vide already Ex. PW2/8. Thereafter, they brought accused Ajit, CCL "M" and "S" along with the recovered case property to PS. IO deposited the case properties in the Malkhana. Thereafter, IO sent both the CCLs to AIIMS Hospital for their medical examination along with Ct. Ashok and Ct. Munnalal. After medical examination Ct. Ashok and Ct. Munnalal shifted both the CCLs to Seva Kutir. At this stage, photographs of recovered biometric machines are shown to the witness and he correctly identified the same. The same are now Ex. P1 (colly.). He does not remember the serial no. of the biometric machines, however, the same had been mentioned in the seizure memo.
8. PW4 HC Ashok deposed that on on 05.09.2018, DD no. 13 A regarding the present incident of theft was marked to HC Rajender. Thereafter, he along with HC went to the spot i.e. MCD Office Krishna market, Kalkaji, New Delhi. There they met with the complainant Umesh Kumar, MCD Sanitary Inspector and he presented his written complaint to HC. The HC inspected the spot and thereafter, he prepared the rukka. He took the rukka to the PS, got the FIR registered and handed over the copy of FIR along with original rukka to the IO / ASIDigitally Goverdhan.
signed by RAGHAV RAGHAV SHARMA FIR no. 343/2018 State Vs. Ajeet Singh SHARMA Date:
2025.08.06 15:08:08 +0530 6/11 He along with IO reached the spot. HC Rajender left the spot. IO prepared the site plan. During enquiry, complainant disclosed that yesterday i.e. on 04.09.2018, he had locked the office at about 03:00 pm and when he came back on 05.09.2018 at about 08:30 am, he found that the door on which he locked was opened and the lock was hanging on the bolt. He along with IO and complainant Umesh Chand Sharma tried to search of accused in the nearby area i.e. Sudhar Camp, near MCD Office. During search, one person namely Prabhakaran met with them and he stated that on the intervening night of 0405.09.2018, at about 02:30 am, when he had gone to the ATM near the MCD office he saw there Ajit, Mithoon and Shivam were coming from MCD office and they were carrying a polythene bag. He stated that he was acquainted with all these three accused persons and they resides in the jhuggi of Sudhar Camp. Prabhakaran took them to the Jhuggi of Mithoon. Mithoon was found present at his jhuggi. IO interrogated with Mithoon. During enquiry IO came to know that Mithoon was juvenile, therefore, IO called JWO SI Satvender at the spot. SI Satvender arrived at the jhuggi of Mithoon. IO enquired Mithoon and he confessed that he along with Ajit and Shivam had stolen five biometric machines from MCD office, Krishna Market. IO recorded the version of CCL "M" Ex. PW2/1. CCL "M" got recovered two biometric machines which he had kept under the mattress in his house. IO kept both the biometric machines in white cloth and prepared pullanda.
IO sealed the same with the seal of "GS". IO prepared seizure memo vide Ex. PW2/2. CCL "M" disclosed that two biometric machines had been kept with Ajit and one biometric machine had been kept with Shivam. IO prepared apprehension memo of CCL "M" vide Ex. PW2/3. He along with IO, complainant Umesh Sharma, Prabhakaran, SI Satvender and CCL "M" went to the house of Ajit. Ajit was present at his house at Sudhar Camp. IO enquired him. He confessed his involvement in the case. IO recorded his disclosure statement vide Ex. PW2/4. He got recovered two biometric machines from his house/jhuggi.
Digitally signedIO RAGHAV by RAGHAV SHARMA FIR no. 343/2018 State Vs. Ajeet Singh SHARMA Date: 2025.08.06 7/11 15:08:16 +0530 kept both the biometric machines in white colour cloth and sealed the same with the seal of "GS". IO have prepared seizure memo of recovered biometric machines already Ex. PW1/B. IO prepared arrest memo of accused Ajit already Ex. PW1/A. IO prepared personal search memo of accused Ajit now Ex. PW2/5. Thereafter, IO recorded statement of Prabhakaran and Umesh Chand u/s 161 Cr.P.C. Thereafter, Prabhakaran and Umesh Chand left the investigation. During further course of investigation, he along with IO, SI Satvender, accused Ajit, CCL "M" went to the house of Shivam at Sangam Vihar. Shivam was found present at his house. During enquiry IO came to know that Shivam was juvenile. IO enquired with CCL "S" and recorded his version vide Ex. PW2/6. He got recovered one biometric machine from the iron trunk which was kept inside his house. IO seized the recovered biometric machine from the possession of CCL "S" and sealed the same with the seal of "GS". IO prepared seizure memo vide Ex. PW2/7. IO prepared apprehension memo of CCL "S" vide Ex. PW2/8. Thereafter, they brought accused Ajit, CCL "M" and "S" along with the recovered case property to PS. IO deposited the case properties in the Malkhana. Thereafter, IO sent both the CCLs to AIIMS Hospital for their medical examination along with me and Ct. Munnalal. After medical examination he and Ct. Munnalal shifted both the CCLs to Seva Kutir. Thereafter, IO got conducted medical examination of accused Ajit. After medical examination, IO kept accused Ajit in the PS. The photographs of recovered biometric machines are correctly identified. The same are already Ex. P1 (colly.). He does not remember the serial no. of the biometric machines, however, the same had been mentioned in the seizure memo.
9. PW5 Sh. Jagpal deposed that on produced short affidavit of Sh. Jagpal Sanitary Superintendent Central Zone on behalf of MCD. He has also produced retirement details of MCD employee namely Umesh Chand Sharma as annexure A and Digitally signed RAGHAV by RAGHAV SHARMA SHARMA Date:
FIR no. 343/2018 State Vs. Ajeet Singh 8/11
2025.08.06
15:08:23 +0530
death certificate of Umesh Chand Sharma as annexure B. The short affidavit and annexure A (retirement details of Umesh Chand Sharma) are now Ex.PW5/1 and Ex.PW5/2. The death certificate of Umesh Chand Sharma is Ex.PW5/3. On perusal of judicial file a letter no. 467/SS/BEMS/CNZ2018 dated 25.10.2018 of sanitary superintendent, Department of Environment Management Services is found on record in which it is mentioned that Sh. Umesh Chand Sharma Sanitary Inspector DMID No. 51102223 "is a regular employee" of SDMC. Certified copy of ID card, certified copies office order dated 24.07.2017 and office order dated 28.07.2017 of Umesh Chand are also found on record. After going through the same, the witness deposes that the above mentioned documents and certified copies were signed by the then Sanitation Superintendent, Department of Environment Management Servicesj Sh. Luder Singh and he is familiar with the handwriting and signature of Mr. Luder Singh as he had gone through the documents prepared by him during the course of his duty. The letter is now Ex.PW5/4, certified copy of ID Card, certified copy of office order dated 24.07.2017, certified copy of order dated 28.07.2017, same are now Ex.PW5/5 to Ex.PW5/7.
10. Accused has also admitted documents i.e. registration of FIR and MHC M PS Kalkaji with register no. 19 u/s 294 Cr.PC.
11. Statement of the accused was recorded U/s 313 Cr.PC on 03.12.2024 of Code wherein all the incriminating circumstances were put to him which he denied and pleaded his false implication and also false plantation of the case property. He, however, chose to lead defence evidence. Thereafter, final arguments were heard.
12. I have heard the Ld. APP and carefully perused the record in extenso. Ld. APP Digitally signed RAGHAV by RAGHAV SHARMA FIR no. 343/2018 State Vs. Ajeet Singh SHARMA Date: 2025.08.06 9/11 15:08:32 +0530 has canvassed that the prosecution has been successful in proving the guilt of the accused beyond reasonable doubt as testimony of all the witnesses were not impeached by the accused.
13. I have bestowed my thoughtful considerations to the rival submissions made before me.
14. In brief the case of prosecution is that on 04/05.09.2018 accused has committed house breaking and theft in the office of MCD and had stolen five biometric machine from there. Prosecution has examined five witnesses including one public witness i.e. PW1. The thrust of the case of the prosecution lies on the fact that PW1 had seen the accused at the time of incident running away with the stolen articles and that he knew him from before, recoveries were effected from the accused in presence of PW1 and one other public witness. On the basis of statement of PW1 and the recovery, chargesheet was filed against accused.
15. There are two public witnesses in the present case however, only PW1 could be examined as other witness had expired before examination, even PW1 also did not support prosecution and he turned hostile in his examination in chief. He denied his statement u/s 161 Cr.PC in toto even though he admitted his signature on the arrest memo and recovery memo. Strangely, the Ld. APP himself gave the suggestion that these papers were signed by witness at PS. Which suggestion itself puts the case of prosecution in embarrassment as if the papers were indeed made at PS, they are false and fabricated and has no genuineness. This suggestion was accepted by witness. Therefore, the prosecution itself proved that arrest memo and recovery memo was made in PS and therefore, the recovery itself becomes shoddy and fake as these documents ought to have been made at the time of arrest and recovery which can not RAGHAV Digitally signed by RAGHAV SHARMA SHARMA Date: 2025.08.06 FIR no. 343/2018 State Vs. Ajeet Singh 10/11 15:08:38 +0530 happen in PS.
16. Rest of the witnesses are police officials who took part in the investigation and played their respective roles. Even though signature of officials are there on recovery and arrest memo, they are insufficient in themselves to prove the recovery and arrest beyond reasonable doubt especially when the Ld. APP himself suggested that these papers were made in PS.
17. There is no iota of evidence against accused to prove that he has committed the offences charged against him. Therefore, it can be safely concluded that the prosecution has miserably failed to establish the allegations u/s 457/380/411/34 IPC against the accused. Accordingly, accused Ajeet Kumar is acquitted for the offence U/s 457/380/411/34 IPC.
RAGHAV Digitally signed by
RAGHAV SHARMA
SHARMA Date: 2025.08.06
15:08:44 +0530
Announced in the open court (RAGHAV SHARMA)
on 06.08.2025 JMFC06, South East, New Delhi
It is certified that this judgment contains 11 pages and each page bears Digitally signed by my signatures. RAGHAV RAGHAV SHARMA SHARMA Date: 2025.08.06 15:08:51 +0530 (RAGHAV SHARMA) JMFC06, South East, New Delhi/ 06.08.2025 FIR no. 343/2018 State Vs. Ajeet Singh 11/11