Delhi District Court
State vs . : Kartar Singh @ Rinku on 28 May, 2013
IN THE COURT OF SH. SUDHANSHU KAUSHIK, METROPOLITAN
MAGISTRATE02, SOUTHEAST DISTRICT, SAKET COURTS
NEW DELHI
State Vs. : Kartar Singh @ Rinku
FIR No. : 52/13
U/s : 356/379 IPC
PS : Okhla Industrial Area
Date of Institution: 02.05.2013
Date of Judgment reserved for: 28.05.2013
Date of Judgment: 28.05.2013
Brief details of the case
A. Sl. no. of the case 110/2/13
B. Offence complained of
or proved U/s 356/379 IPC
C. Date of Offence 27.01.2013
D. Name of the complainant Ms Jyoti
D/o Sh D.S.Rawat
r/o A8/C, Sindhiya House,
Connaught Place, New Delhi
E. Name of the accused Kartar Singh @ Rinku
s/o Sh Nanak Chand
r/o House no 43, Ali Vihar,
Sarita Vihar, New Delhi
F. Plea of the accused Pleaded not guilty.
G. Final order Acquitted
H. Date of Order 28.05.2013
Judgment
On the accusation of using criminal force upon Ms Jyoti
(hereinafter referred to as complainant) in committing theft of her
leather bag containing cash amount of Rs 400/ and personal belongings,
FIR no. 52/13 1/4
accused Kartar Singh @ Rinku was sent up to face trial for committing
offences punishable under Section 356/379 IPC.
Brief facts as unfolded during the trial
2. The case of prosecution is that on 27.01.2013, at around 6.30
pm, at Approtech road, Maa Anandmai Marg, near Metro Pillar no 174,
while complainant was returning back from her office, accused came
from back side and snatched her bag containing the abovesaid articles.
He pushed the complainant before fleeing away from the spot alongwith
the stolen bag. Matter was reported to the police and present FIR bearing
no 52/13 under Section 379/356 IPC was registered at PSOkhla
Industrial Area.
3. The prosecution's case proceeds further that on 17.03.2013,
accused, after being arrested in case FIR no 431/09 under Section
379/411/34IPC, made disclosure about committing theft at various places including the one in respect of which the present FIR was registered. He refused to participate in Test Identification Proceedings. Efforts were made to recover the stolen bag but it did not yield any result. On completion of investigation, chargesheet was put to the Court. Copies of the chargesheet were supplied to the accused and charges under Section 356/379 IPC was framed against him to which he pleaded 'not guilty' and claimed trial.
Witnesses examined FIR no. 52/13 2/4
4. Only one witnesses was examined i.e. PW1 Ms Jyoti. She narrated the entire episode but turned hostile on the point of identity of accused. She mentioned that accused was not the person who snatched her bag. She categorically mentioned during her crossexamination by Ld APP that the person who committed theft of her bag was of a shorter height than accused. The entire story of prosecution rested upon the testimony of this witness. Admittedly, the stolen bag was not recovered. In the absence of recovery, the disclosure statement of accused was of no consequence, the same being inadmissible because of the bar created under Section 25 of The Indian Evidence Act. The fact that complainant failed to identify the accused completely demolished the prosecution's case. Complainant was the sole cited eye witness of the alleged incident. There was nothing on record to connect the accused with the alleged offence apart from his identification by the complainant. It was felt that there was no point in proceeding ahead with a dead trial which would have never resulted in conviction. In such circumstances, prosecution evidence was closed.
5. Since, no incriminating evidence came against accused, therefore, recording of the statement under Section 313 Cr. P. C has been dispensed with. Accused Kartar Singh @ Rinku stands acquitted of the charges under Section 356/379 IPC.
6. Bail Bonds stand cancelled. Sureties stand discharged. FIR no. 52/13 3/4 Endorsement placed on the documents of the sureties be cancelled and the same be returned to them, if retained on record.
7. File be consigned to record room after necessary compliance. Announced in open Court (SUDHANSHU KAUSHIK) On this 28.05.2013 MM02, SouthEast District Saket Courts, Delhi FIR no. 52/13 4/4 Dated: 22.08.2012 To, Sh Kamal Kumar, Former Director, National Police Academy.
Through Ld District Judge & ASJ/IC, Saket Court Complex, New Delhi.
Sub: Dully filled up questionnaire forwarded in terms of circular no 18903-18959/F-3, General Branch/South, 2012 dated 05.07.2012.
Respected Sir, This is to submit that the undersigned is forwarding the duly filled up questionnaire as desired by your good self. The delay and the inconvenience caused is deeply regretted. Thanking you, Yours faithfully, Sudhanshu Kaushik MM-02/SE/SC/ND 22.08.2012 FIR no. 52/13 5/4