Delhi District Court
State vs . Mahavir on 11 April, 2016
Page 1 of 6
IN THE COURT OF SH ANUJ AGARWAL: MM03(SOUTH DISTT.)
SAKET COURT: DELHI
State vs. Mahavir
FIR NO. : 14/06
U/S : 411/471 IPC
PS : Hauz Khas
JUDGMENT
a) Sl. No. of the case : 02403R0190712006
b) Date of institution of the case : 04.04.2006
c) Date of commission of offence : 09.02.2006
d) Name of the complainant : Sh. Suchier Gangwar
e) Name & address of the : Mahavir @ Hariyal Singh @ Hari accused S/o Sh. Pitu Lal R/o F36, Katwaria Sarai, New Delhi.
f) Offence charged with : 411/471 IPC g) Plea of the accused : Pleaded not guilty. h) Arguments heard on : 11.04.2016 i) Final order : Acquitted j) Date of Judgment : 11.04.2016
BRIEF STATEMENT OF REASONS FOR DECISION:
1. Briefly stated, accused Mahavir @ Hariyal Singh @ Hari has been FIR No. 14/06 PS Hauz Khas St v Mahavir Page 2 of 6 sent to face trial with the allegations that on 9.2.2006 he was found in possession of a stolen vehicle UP25K5774 with fake number plate of DL6SM1486 and thereby alleged to have committed an offence u/s. 411/471 IPC.
2. Upon completion of investigation, charge sheet U/s 173 Cr.P.C. was filed on behalf of the IO u/s. 379/411/482 IPC and the accused was consequently summoned. A formal charge for commission of offences U/s 411/471 IPC was framed against the accused to which he pleaded not guilty and claimed trial.
3. In order to proves its case, prosecution examined seven witnesses.
4. PW1 HC Rameshwar Dayal deposed that on 6.1.2006 complainant Ruchier Gangwar came to PS and presented his complaint regarding theft of his motorcycle make Hero Honda passion bearing no. UP25K5774, that he made endorsement and got the FIR registered, that he went to spot and prepared the site plan and thereafter searched for motorcycle and accused but nobody found.
The witness further deposed that on 10.2.2006 he received DD No. 6A (true copy is Ex PW1/B) by the police official of PS Dwarka regarding FIR No. 14/06 PS Hauz Khas St v Mahavir Page 3 of 6 recovery of motorcycle, that on 15.2.2006 he formally arrested accused Mahavir vide arrest memo Ex PW1/C ( correctly identified in court) along with co accused Mohd. Azad ( since discharged). The witness further deposed that on 22.2.2006, he went to PS Dwarka and got the motorcycle recovered and the number plate affixed on the motorcycle at the time of its recovery & got the same transferred to PS Hauz Khas.
5. PW2 SI Satyawan Singh deposed that on 9.2.2006 he had arrested accused Mohd. Azad and Mahavir Singh who disclosed that they had stolen the motorcycle from Hauz Khas area, that they also disclosed that they used to affix forged number plate. The witness correctly identified accused Mahavir who got recovered the forged number plate and motorcycle no. UP25K5774 from his house, that forged number plate was bearing no. DL6SM1486, that he seized the motorcycle and number plate and passed this information to PS Hauz Khas and IO Rameshwar Dayal recorded his statement.
6. PW3 SI Siri Bhagwan deposed on the line of PW2 SI Satyawan Singh.
7. PW4 Ct. Puran Singh deposed that on 22.2.06 he joined the FIR No. 14/06 PS Hauz Khas St v Mahavir Page 4 of 6 investigation with HC Rameshwar and went to PS Dwarka where IO took the photographs of motorcycle having two different numbers plates i.e. DL6SM1456 and original registration no. UP25K5774, thereafter IO seized both the number plates and came back to PS.
8. PW5 Ct. Radhey Shyam is a witness to the investigation.
9. PW6 SI Kala Joshi is duty officer who proved the FIR Ex PW6/A and her endorsement on rukka Ex PW6/B.
10. PW7 Madan Singh(record keeper at Patiala House Court) deposed that file pertaining to South West District has been consigned to record room of Dwarka.
11. Record transpires that the complainant in the present case i.e. Sh. Suchier Gangwar was reportedly not available (being citizen of USA) by concerned IO/ SHO and DCP.
12. Since, the complainant in the present case was not available, therefore PE was closed by order of this court on 11.04.2016 Memorandum of statement of accused U/s 281 Cr.P.C was recorded, wherein he has refuted the allegations leveled against him in toto. He chose not to lead evidence in his favour.
13. I have heard the rival submissions and carefully perused the FIR No. 14/06 PS Hauz Khas St v Mahavir Page 5 of 6 record.
14. In a criminal trial, the onus remains on the prosecution to prove the guilt of accused beyond all reasonable doubts and benefit of doubt, if any, must necessarily go in favour of the accused. It is for the prosecution to travel the entire distance from may have to must have. If the prosecution appears to be improbable or lacks credibility the benefit of doubt necessarily has to go to the accused.
15. In the instant case, as mentioned above, the complainant Sh. Suchier Gangwar could not be examined as his presence could not be secured despite repeated processes. In the absence of testimony of complainant Sh. Suchier Gangwar, there is nothing on record to suggest that any theft took place as alleged by prosecution or the vehicle recovered from possession of accused was stolen vehicle. The nonexamination of complainant is fatal to the prosecution case. Hence he deserves to be acquitted for charge u/s. 411 IPC.
16. Accused has also been charged u/s. 471 IPC for using a fake number plate as genuine. However, he deserves to be acquitted for said offence also, as it has been conclusively opined by the Hon'ble Delhi High Court in 1995 II A.D(Delhi) 6 State vs. Ravinder Kumar @ FIR No. 14/06 PS Hauz Khas St v Mahavir Page 6 of 6 Ravi that: "In any event, number plate of a scooter, like any other thing fixed on its body, is not a 'document', the making of which may be said to be 'forgery' falling within the ambit of Section 463 and Section 464, or the use of which may become punishable under Section 471 IPC."
17. In view of above discussion, I am of the view that prosecution has miserably failed to substantiate the allegations for the offence U/s 411/471 IPC. The accused is accordingly acquitted for the charges leveled against him.
Announced in the open court
on 11.04.2016 (Anuj Agarwal)
MM03 / (SD) / New Delhi
FIR No. 14/06 PS Hauz Khas St v Mahavir
Page 7 of 6
FIR No. 14/06 PS Hauz Khas St v Mahavir