Delhi District Court
State vs . Dinesh Sharma on 19 February, 2007
1
IN THE COURT OF SH. LALIT KUMAR, MM : NEW DELHI
STATE Vs. Dinesh Sharma
FIR NO. 403/06
U/s. : 384 IPC
P.S. : V. Vihar
JUDGEMENT
1. Sl.No of the case : 105/2 2. Date of the commission of the offence : 19.08.2006 3. Name of the accused : Dinesh Sharma 4. Name of the complainant : 5. Offence complained of : 384 IPC 6. Plea of accused : Pleaded not guilty 7. Final order : Convicted 8. Date of such order : 19.02.07
BRIEF STATEMENT OF THE REASONS FOR THE DECISION The case of the prosecution in brief is that on 19-08-06 the accused intentionally put complainant Dinesh Kumar Soni in fear of death and demanded for cash of Rs. 30,00,000/- and thereby committed an offence punishable U/s 384 of IPC. After completing the investigation charge sheet was prepared and filed in the Court and accused was sent up for trial.
Prima-facie case U/s. 384 IPC was framed against the accused to which he pleaded not guilty and claimed trial.
In order to prove its case, prosecution has examined PW- 2 Dinesh Kumar Soni, complainant who deposed that on 19-08-06 at about 12 noon when he reached at his shop at Munirka his 2 servant has handed over a letter to him demanding of Rs. 30 lakhs which was given by Vinod who was the servant of his neighbour shopkeepr. When he called the vinod at his shop to inquire about the letter, he said that one young boy had handed over the above said letter and threatened to kill him. He further deposed that he did not arrange the said money and gave a complaint to the police vide Ex. PW-2/A. He further deposed that on 23-08-06 one young boy came at his shop and the incident of threatened letter was very well known to his neighbour and the young boy was identified by his neighbourer Vinod who had previously received the threatened letter from the same young boy and at the instance of Vinod the accused was apprehended at the spot with the help of police persons with another threating letter. During the enquiry, the accused disclosed his name as Dinesh Sharma and the threatening letter was seized vide Ex. PW-2/B. Accused was arrested vide memo Ex. PW-2/C and personal search was conducted vide Ex. PW-2/D. PW-2 Krishan Kumar deposed that on 19-08-06 he was working as Servant in the shop of complainant and at about 10:30am one envelop was given to him by one Vinod Kumar who was the servant of their neighbourer shop and he has handed over the same envelop to his owner/complainant demanding of Rs. 30 Lakhs. He further deposed that on 23-08-06 the same young boy again came at the shop and a letter was h anded over to him then he called to Vinod Kumar at his shop and Vinod Kumar had identified him the said young boy who had given the previous letter. They apprehend the accused at the spot and at the instance of Vinod the accused was apprehended at the spot with the help of police persons with another threating letter.
3HC Mohd. Tahir Khan was the duty office who proved registration of FIR Ex. PW-1/A in accordance with law.
Thereafter, accused moved an application for pleading of guilty and further requested to release him for the period already undergone. The accused was explained the consequences of such plea of guilt, however, despite that wanted to plead guilty voluntarily.
I have heard the statement made by the accused and also perused the record carefully. The prosecution from the documents placed on record and from the testimony of its witnesses has been able to prove its case against the accused. This is coupled with the fact that accused has also voluntarily pleaded guilty of offence, he has been charged with. Thus this Court has no option but to accept the voluntarily plea of guilt taken by the accused and accused is convicted of offence U/s. 384 IPC.
Announced in the open court on 17.02.2007 (LALIT KUMAR) METROPOLITAN MAGISTRATE NEW DELHI 4 STATE Vs. Dinesh Sharma FIR NO. 403/06 U/s. : 384 IPC P.S. : V. Vihar 17.02.2007 ORDER ON SENTENCE Present : APP Accused in J.C. Accused submits that he is residing in joint family and there is no previous criminal record. The accused are in JC since the day of his arrest i.e. 23-08-06. Considering that this is his first offence and he is of very young age, the accused is directed to undergo SI of the period already undergone w.e.f. 23-08-06. Benefit U/s. 428 Cr.P.C. for period undergone is given to the accused. File be consigned to Record Room.
Announced in the open court on 17.02.2007 ( LALIT KUMAR ) METROPOLITAN MAGISTRATE NEW DELHI 5 17.02.2007 Present : APP for State Convict from the J.C. Vide order on sentence announced today, the accused is directed to undergo S.I for the period already undergone w.e.f. 23- 08-06. Benefit U/s. 428 Cr.P.C be given to accused for period already spent in custody. File be consigned to Record Room.
(LALIT KUMAR) METROPOLITAN MAGISTRATE NEW DELHI `