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Delhi District Court

State vs . Satish on 24 August, 2011

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                  IN THE COURT OF SH. RAKESH PANDIT
        ADDL. CHIEF METROPOLITAN MAGISTRATE: SOUTH DISTT. 
                   SAKET COURTS COMPLEX :NEW DELHI


State Vs.  Satish
PS     Vasant Vihar (CB)
FIR No.   236/97
U/s  411 IPC

JUDGMENT

a) Serial number of the case : 02403R0008661997

b) Date of commission of offence : 27.07.1997

c) Name of the complainant, if any : Sh. G. Ranganathan S/o Sh. G.S.V. Gopala Seshan

d) Name & address of accused : Satish @ Vijay @ Fadi S/o Sh. Rajeshwar Kailash Chand R/o B­3, West Sant Nagar, Burari, Delhi­84

e) The offence complained off : U/s 411 IPC

f) The plea of accused : Not pleaded guilty.

g) Final order                        :       Acquitted

h) The date on which order was reserved:      Not reserved for

i) The date of such order             :       24.08.2011
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BRIEF STATEMENT OF THE REASONS FOR THE DECISION:­ BY this judgment, I will dispose off the case of the prosecution based on FIR no. 236/97, PS Vasant Vihar (CB) The brief facts of the case as per the prosecution are that on 07.06.97, one Maruti Car bearing no. DL­3C­6742 belonging to Complainant Sh. G. Ranganathan, was stolen when it was parked outside his house. On 27.07.97, accused Satish alongwith other two accused namely Shammi Bhardwaj and Sunil were apprehended in a Maruti Car bearing fake no. plate i.e. HR­22C­1291. Its chasis no. and engine no. was also forged. On inquiry, it was revealed that it is the same car belonging to Sh. G. Ranganathan. Accused persons were apprehended and a big racket involving theft of cars were unearthed.

After the investigation, the charge sheet was filed. Vide order dt. 07.01.1999, co­accused namely Sunil and Shamim were discharged and only accused Satish was ordered to be undergo trial and that also only for the offence U/s 411 IPC.

Accordingly, charge U/s 411 IPC was framed against accused Satish to which he pleaded not guilty and claimed trial. -3-

To prove its case, prosecution examined PW1/ Complainant Sh. G. Ranganathan who deposed that on 07.06.97, he went to the place of his inlaws by leaving his motor car No. DL­3C­6742 parked at the usual place below his house. When he came back on 09.06.97 in the night, he found his car missing. Thereafter, he made complaint Ex.PW1/A to SHO PS Vasant Vihar. On 10.06.97, IO prepared siteplan at his instance and recorded his statement. On 27.07.97, all three accused persons were brought to his house who disclosed that they alongwith their associates had stolen his car one & half months back. He further proved pointing out memos Ex.PW1/B, Ex.PW1/C and Ex.PW1/D. On 30.07.97, he was called to office of Crime Branch where he was shown one Motorcar with fake no. plate and tampered chasis and engine no. He identified the same as his car and exhibited the same as Ex.P1.

PW2 ASI Ravinder Kumar who deposed that on 10.06.1997, the investigation of this case was assigned to him. He further proved site plan Ex.PW2/A, Publication Ex.PW2/B and wireless message Ex.PW2/C. Thereafter, the investigation was transferred to Crime Branch.

PW3 Sh. Kamal Kishore who deposed that on 23.04.97 accused Satish Chandra came to his shop for the sale of Maruti Van bearing no. DAJ 2875 which was sold through them to one Raja of Murad Nagar. He further deposed that he was not aware that the Van was stolen one and the chasis and -4- engine nos. were changed. He further proved receipts as Ex.PW3/A and Ex.PW3/B. PW4 Sh. Paramjit Singh who deposed that on 11.03.97 one Maruti Gypsy No .DDV 907 was sold through them by accused Satish Chandra to one Ajit Singh. He further deposed that he was not aware that the Gypsy was stolen one and the chasis and engine nos. were changed. He further proved delivery receipt as Ex.PW4/A and Purchase receipt as Ex.PW4/B. PW4 ASI Ashok Kumar (Inadvertently written again as PW4) who deposed that on 27.07.97 at about 3.30 P.M., he alongwith ASI Virender, Staff member and Secret Informer were present before Hyatt Hotel Coffee Shop. All the three accused persons came in a Maruti Car bearing no. HR­22C­1291 which was stopped as per secret information and pointing out by the secret informer. The ownership proof could not be produced by accused and on inquiry, it was found that the same was stolen from Munirka area and its original no. was DL­3C­6742. The vehicle was seized. Accused persons were arrested and disclosure statement was recorded vide Ex.PW4/A. He further proved supplementary disclosure statement as Ex.PW4/B, Pointing out memo as Ex.PW4/C & Ex.PW4/D. PW5 Sh. Ajit Singh who deposed in terms of PW4 Sh. Paramjit Singh. He further proved seizure memo Ex.PW5/A, Registration Certificate -5- Ex.PW5/B, Road Tax Book Ex.PW5/C. PW6 Sh. Prithvi Pal Singh who also deposed in terms of PW4 Paramjit Singh and PW5 Ajit Singh. He further proved Seizure memo Ex.PW6/A. PW7 SI Parmod Kumar who deposed that he joined investigation on 30.07.97. Accused Satish took the police party to the premises No. 15313/1, Uttam Nagar and got recovered Maruti Car bearing no. DL­3C­5682 from one Ashok Kumar, the actual no. of the said car was revealed as DL­3C­6742. Disclosure statement of accused Satish was recorded in his presence. Thereafter, the accused had taken the police officials to Jaggi Motors Karol Bagh, where he got recovered one M/Gypsy no. DDV 907 which was sold by him 1& ½ months back and was stolen from Malviya Nagar Area. The actual no. of the said Gypsy was revealed as DL­2CA­6643. Accused also took them to Village Gokul Pur where he got recovered another M/Gypsy no. DDV 8909 which was seized vide Ex.PW7/A and whose actual no. was DL­1CA­2756. He further proved pointing out memo as Ex.PW7/B. Thereafter, on the order of court, PE was closed. After the closure of PE, Statement of the accused was recorded U/s 281 Cr.PC. No DE was lead.

Final arguments heard.

I have gone through the documents on record, evidence, submission forwarded by Ld. Counsel for accused and Ld. APP for State.

In this case, the evidence of the prosecution was closed vide order dt. 21.04.2010. The most important ingredient in this case is the seizure memo dated 27.07.97 regarding recovery of aforesaid vehicle from the accused persons. None of the witnesses have proved this document.

In these circumstances, prosecution had failed to prove the genesis of their case i.e the very first step of seizure of alleged vehicle from the accused.

In these circumstances, the prosecution failed to prove the possession of alleged vehicle from the accused.

In these circumstances, no offence U/s 411 IPC is proved by prosecution. Accordingly, accused Satish is acquitted for the offence U/s 411 IPC.

Announced in the open court today i.e. 24th Aug. 2011 (Rakesh Pandit) ACMM/ SD/Saket Courts/New Delhi -7- State Vs. Satish PS Vasant Vihar (CB) FIR No. 236/97 U/s 411 IPC 24.08.2011 Present: Ld. APP for State.

Proxy Counsel alongwith accused on bail.

Statement of accused U/s 281 Cr.PC recorded. He does not want to lead DE. Hence, DE is closed.

Final arguments heard.

Vide separate judgment dictated and announced in the court today, accused Satish @ Vijay @ Fadi S/o Sh. Rajeshwar Kailash Chand is acquitted for the offence U/s 411 IPC.

It is submitted by counsel for accused that the bail bonds furnished earlier may be extended in terms of section 437­A Cr.P.C. Heard. PB & SB extended till 24.02.2012.

File be consigned to record room.

Announced in the open court today i.e. 24th Aug. 2011 (Rakesh Pandit) ACMM/ SD/Saket Courts/ New Delhi