Delhi District Court
State vs . Dev Babu on 30 May, 2007
IN THE COURT OF SH. VINAY SINGHAL : METROPOLITAN
MAGISTRATE : DELHI
STATE VS. DEV BABU
FIR NO. 409/98
PS : Sadar Bazar
U/S : 411/380 IPC
JUDGMENT
1. Serial No. of Case : 109/2
2. Date of Commission of offence : 30.10.1998
3. Name of Complainant : St. through Inder Preet Singh
4. Name of accused :1.Dev Babu @ Kakku S/o Ram Gopal Yadav R/oH.No.1034, Gali Goshian, Pan Mandi, Sadar Bazar, Delhi.
2. Devender @ Kalia S/o Malkhan Singh R/o H.No. 3436, Gali Laloo Mishra, Sadar Bazar, Delhi.
(Convicted vide order dated 20.09.2000)
5. Offence Complained of : u/s 380/411/34 IPC
6. Plea of accused : Pleaded not guilty
7. Final order : Convicted
8. Date of such order : 30.05.2007 BRIEF REASONS FOR SUCH DECISION:
Accused has been sent for trial on the allegation that on 30.10.1998 at 5.30 PM at Godam Punjab Crokary, Qutab Road, Sadar Bazar, he along the convict Devender in furtherance of their common intention dishonestly took 12 water filter from the possession of the complainant Inder Preet Singh without his consent and received the said stolen property knowing or having reason to believe to be a stolen one and accordingly an FIR u/s 380/411/34 IPC was registered and accused was arrested. After completion of the investigation, charge sheet was filed against the accused.
During the pendency of trial the co-accused Devender pleaded guilt and accordingly, was convicted vide order dated 20.09.2000.
The present accused Dev Babu was accordingly, ordered to face trial.
Accused was produced from J/C and copy of charge sheet with documents were supplied to him in compliance of Section 207 Cr.p.c. Vide order dated 18.11.1999 the charge u/s 380/411/34 IPC was framed against the accused, to which he pleaded not guilty.
To support its case prosecution examined six witnesses and the matter was fixed for SA, which was recorded on 11.01.2007 in which again the accused pleaded innocence. However, at the stage of final argument accused moved an application pleading his guilt.
Accordingly, statement of accused under Section 281/313 Cr.P.C. the accused voluntarily confessed to the crime and pleaded guilty.
I have heard Ld. APP for the State and accused present on bail. Record also perused.
Hence, in view of the testimonies of witnesses coupled with voluntarily plea of guilt made by the accused, the court is of the considered view that the prosecution has proved its case against the accused beyond reasonable doubt. Accordingly, accused is convicted for the offence u/s 380/411 IPC. Let he be heard on the point of sentence today itself.
Announced in the open court today the 30nd day of May, 2007.
(VINAY SINGHAL) Metropolitan Magistrate : Delhi 30.05.2007 IN THE COURT OF SH. VINAY SINGHAL : METROPOLITAN MAGISTRATE : DELHI STATE VS. DEV BABU FIR NO. 409/98 PS : Sadar Bazar U/S : 411/380 IPC ORDER ON SENTENCE Present : Ld. APP for the State.
Convict Dev Babu from J/C with Ld. Legal Aid Counsel Ms. Nishi Jain.
I have heard Ld. APP for State and Ld. Counsel for convict on the point of sentence and have perused the record carefully. It is further stated that convict is sole bread earner of his family consisting of old mother and two unmarried sisters.
Keeping in view the voluntarily plea of guilt made by the convict and the fact that convict belongs to poor strata of society, I take a lenient view and sentence him to simple imprisonment for the period already undergone for the offences punishable U/S 380/411 IPC. Benefit of Section 428 Cr.p.c., is provided to the accused. File be consigned to Record Room after completion of due formalities. Announced in the open court today the 30nd May, 2007.
(VINAY SINGHAL) METROPOLITAN MAGISTRATE 30.05.2007