Delhi District Court
State vs A. Maini @ Mental & Anr. on 4 January, 2013
IN THE COURT OF SHRI BHUPINDER SINGH:
METROPOLITAN MAGISTRATE: DELHI
State V/s A. Maini @ Mental & Anr.
FIR No. 81/10
PS: Saraswati Vihar
JUDGMENT
A) The date of commission : 03.03.2010
of offence.
B) Name of the complainant : Sh. Yogesh Tiwari
S/o. Sh. Ram Manohar
C) Name of the accused : 1. Maini @ A. Maini @ Mental
S/o. Sh. Kanda Swami
2. Manoj @ Monu
S/o. Sh. Chandan Singh
D) Offence complained of : U/s. 457/380/411/34 IPC
E) The plea of accused : Pleaded not guilty.
F) Final order : Both the accused have been
convicted for the offence
punishable under Section 411 IPC.
G) The date of such order : 04/01/2013
Date of Institution : 06/05/2010
Judgment reserved on : Not reserved.
Judgment announced on : 04/01/2013
State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 1/26
THE BRIEF REASON FOR THE JUDGMENT:-
1. In brief, the case of the prosecution is that on 03/03/2010 at about 05:00 am at Shop No. G-2,3,1011 H,8 RDDK Best Plaza, Netaji Place, within the jurisdiction of PS Saraswati Vihar, Delhi, both the accused in furtherance of their common intention committed lurking house tress pass by night by entering into the building mentioned above used as shop after the hour of sun set and before the hour of sun rise in order to committing of theft and committed theft of articles mentioned in seizure memo mark-A and found in possession of the said articles and thus they committed an offence punishable under Sections 457/380/411/34 IPC.
2. After completion of investigation challan was filed by the police U/s 457/380/411/34 IPC of which cognizance was taken by Ld. Predecessor of this court.
Compliance of Sec.207 was carried out and complete set of documents was supplied to the accused persons.
3. Vide order dated 29/07/2010 charge was framed against both the accused for trial of offence punishable under Sections 457/380/411/34 IPC by Ld. Predecessor to which accused persons pleaded not guilty and claimed trial. Thereafter matter was fixed for prosecution evidence.
4. In order to prove their case the prosecution has examined 18 witnesses, State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 2/26 testimonies of whom are discussed below:-
PW-1 Prem Prakash has deposed that he is running a shop in the name and style of Sanjeev Mittal Departmental Store L-53. He deposed that on 02/03/10 he closed his shop at about 10pm and went back to his hoe at Shanti Nagar. He deposed that on 03/03/10 at about 9am when he reached his shop he saw that lock and shutter of his said shop was in broken condition. He lifted the shutter of his shop and saw that all the goods were scattered. He deposed that on checking he found that 20 boxes of classic cigarettes, 50 packets of Gold Flake Cigarettes, 20 packets of Diary Milk Chocolate and 7 cartons of Zingaroo Beers were missing. He deposed that one box of Classic Cigarettes contains 20 cigarettes and one packet of Gold Flake contains 10 cigarettes. He deposed that when he asked from the guard of the building Lal Bihari who told him that when he was coming after attending the call of nature at about 5:am he had seen 2-3 persons were keeping the goods in a car standing there and fled away after seeing him. He deposed that Lal Bihari also told the number of said car by which the thieves had fled away, which was DL 9CK 3999. he further deposed that he could not see the face of the thieves. He deposed that he immediately went to the PS S. Vihar and made a complaint which is Ex.PW-1/A. He deposed that he was accompanied with Kulbir Singh from whose shop theft were also taken place. He proved the site plan as Ex.PW-1/B. He also proved the five packet of cigarettes as Ex.P-1 colly. He proved the 12 bottles of Beer along with carton as Ex.P-2.
This witness was cross examined by Sh. B.P. Singh Ld. LAC for the accused wherein he deposed that someone had informed him throiugh telephone that theft has been taken place at his shop. He deposed that he do not know the name of the person who informed him. He deposed that when he received the information he was at his house. He reached there within 10 State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 3/26 minutes. He further deposed that he had not make any 100 number call because police station is near to his shop. He reached at PS at about 10am. He deposed that he IO had not seized the broken lock and latch (Kunda) of the shutter. He admit that no theft was taken in his presence. He further deposed that he cannot identify accused persons as he had not seen him while stealing his above said articles.
PW-2 Lal Bihari has deposed that he is working as a Guard in West Plaza, H 8, Netaji Subhash Place. He deposed that in the intervening night of 02/03 March 2010, he was working as a Guard and his duty hours was from 08:00 pm to 08:00 am. He deposed that on 03.03.2010 at about 04:30 am, he had gone to attend the call of nature, and when he came at about 05:00 am, he saw that a car bearing no. DL 9 CK 3999 was parked infront of shop of Sanjeev Mittal and two/three persons were removing some articles from the shop no. G 58, and keeping the same in their car. He immediately rushed towards the said call. He deposed that on seeing him they fled away in the said car towards fun cinema. He deposed that on checking he noticed that the lock of the shutter of two shops no. G - 2,3 and G 58 were broken. He deposed that as he did not have the phone number of the shop keepers, he could not inform them. He deposed that but he remained there and waited for the owners of the shop to come. He deposed that at about 09:00 am Prem Prakash, owner of the shop no. G - 2,3 came there, to whom he narrated the incident.
This witness was cross examined by Sh. B.P. Singh Ld. LAC for both the accused persons wherein he deposed that he saw the accused persons at the distance of about 100 meters. He deposed that he could not see the face of the accused persons. He admit that he cannot identify the accused persons, but there were two persons. He deposed that he saw the accused persons State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 4/26 sitting in the car and they fled away from the spot. He reached at the place of incident by walk. He deposed that he did not dial at 100 number as he had no resource. He denied the suggestion that he is deposing falsely.
PW-3 HC Ram Charan has proved the copy of FIR No.81/10 as Ex. PW-1/A and endorsement on rukka as Ex. PW-1/A. PW-4 Rajesh Kumar has deposed that he is running his private business. He deposed that on 02.03.2010 at about 08:30 pm driver Shakeel had parked our esteem car bearing no. DL 9 CK 3999 outside our house at Ganesh Pura. He deposed that the car is registered in the name of his brother Sh. Naresh Kumar. He deposed that on the next early morning at about 03:40 am the watchman of their area came to them and informed him that 3/4 persons were seen by him taking his car towards Ashok Vihar side. He had informed the matter to police by calling no. 100. He deposed that the car was stated to have been recovered after few days from the area of PS Saraswati Vihar. He deposed that the car was got released on superdari by his brother Naresh. He proved the car as Ex. P 3.
PW-5 Satpal has deposed that on 03.03.2010 at about 01:30 pm they had received a call regarding theft at shop no. 2,3,10-11 at Subhash Place. He deposed that at about 02:00 pm he along with his team reached at the spot. They tried to lift chance prints from the spot and also got photographs clicked. He deposed that unfortunately no chance prints could be found and the shutter of the shop or inside the shop. He deposed that as the spot was found disturbed due to running of shops and late reporting to crime team therefore they could not succeed in tracing the chance prints. He deposed that he gave his report as Ex. PW 5/A. State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 5/26 PW-6 Ct. Satish has deposed that on 03.03.2010 at about 12:15 pm when he was present at PS Saraswati Vihar, duty officer handed over him the copy of FIR and original tehrir with instruction to reach at the spot at shop no. G-2,3,10,11, Plot No. H 8, RDDK, Best Plaza, Netaji Subhash Place. He deposed that he immediately reached at the spot where IO HC Praveen Kumar met him to whom he handed over the copy of FIR and original tehrir. He deposed that IO recorded the statement of guard Lal Bihari who stated in his statement that he had seen the accused persons who broke the lock of shop no. G 58, H 9, Bhagwan Corporate Plaza and fled away in the car bearing registration no. DL 9 CK 3999. He deposed that IO tried to search the owner of the above said car from traffic control room and through auto match. He deposed that it was revealed that the owner of the said car was Sh. Manish Kumar S/o. Sh. Ram Lal, R/o. 19010/143, Ganesh Pura, Tri Nagar. He deposed that he along with IO reached the house of Manish Kumar where Rajesh Kumar who is the brother of Manish Kumar met them and told that the above said car had been stolen and an FIR No. 52/10, U/s. 379 IPC, PS Keshav Puram had already been lodged regarding the said car. He further deposed that Rajesh Kumar produced the copy of the FIR. He deposed that IO recorded the statement of Sh. Rajesh Kumar and thereafter they came back to PS. This witness was cross examined by Sh. B.P. Singh Ld. LAC for both the accused persons wherein he deposed that he reached at spot at about 12:30 pm. He deposed that he had gone there on his scooter. He further deposed that when he reached at the spot IO and one eyewitness namely Lal Bihari, who was the guard met him. He deposed that he along with IO went back to PS at about 02:30 pm. He further deposed that the statement of Lal Bihari was recorded on the spot. He deposed that statement of Rajesh Kumar was State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 6/26 recorded at his home.
PW-7 HC Pappu Lal who has deposed that on 06/03/10 he along with Inspector Parveen Kumar, SI lalit Kumar, HC Ashok, HC Parveen were present at the gate of Sidhartha Appartments during the investigation of case FIR No.80/10 U/s 458/460/302 IPC PS Saraswati Vihar. At about 12:00pm a secret informer met to the Inspector Parveen Kumar and informed that a Maruti Esteem car bearing NO.DL 9CK 3999 was parked on the road near the Lok Vihar Park in which Parmod @ Langda and his two other associates were sitting in the said car. He deposed that they all police officials immediately reached at near Lok Vihar Park and over powered the persons sitting in the said Esteem Car. He deposed that Inspector Parveen Kumar apprehended the accused Parmod who was sitting on the driver seat, HC Parveen apprehended the accused Mini @ A. Mani @ Mental who was sitting beside driver seat in the said car and he apprehended the accused Nar Bahadaur @ Ladies Monu who was sitting on the back seat of the car. He deposed that their names were disclosed after inquiry. He further deposed that on cursory search of accused Parmod one buttondar knife was recovered. He deposed that on interrogation all the three accused persons disclosed about their involvement in case FIR No.80/10. He deposed that Inspector Parveen Kumar arrested them in case FIR No.80/10. He further deposed that accused Mani @ Mental disclosed in his disclosure statement regarding the involvement in the present case and stated that he along with accused Manoj and Manoj @ Monu committed theft at the shop at Netaji Subhash Place. He deposed that inspector Parveen Kumar recorded his disclosure statement and proved the photocopy of the same as mark-X1. He deposed that Inspt. Parveen seized the Maruti Esteem Car and proved the photocopy of seizure memo as Mark- X2. He deposed that HC Parveen arrested the accused Mini @ Mental vide State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 7/26 memo Ex. PW-7/A and accused Mini @ Mental led them to the place of theft. He deposed that IO HC Parveen prepared the pointing out memo Ex. PW-7/B. He deposed that in pursuance of his disclosure statement accused Mini @ Mental led them to House at E-683, JJ Colony, and got recovered 5 boxes of cigarettes (three of Gold Flake and two Classic) and one carton of Beer of Zingaroo which containing 12 bottles of beer. He further deposed that IO HC Parveen sealed the carton of beer with the seal of PK and all the boxes of cigarettes with seal of PK, both were given as Sr No.1 and 2. He deposed that IO took in possession the above said articles vide seizure memo Ex.PW-7/C thereafter they along with accused and case property came back to PS. He deposed that case property was deposited into Malkhana. He proved the five packets of cigarettes as Ex.P-1 (colly.). He also proved the 12 bottle of Beer along with carton as Ex.P-2.
This witness was cross examined by Sh. B.P. Singh Ld. LAC for both the accused persons wherein he deposed that secret information was received by Inspector Parveen Kumar at about 12:00pm and at that time he was along with Inspt. Parveen Kumar and were returning to PS. He denied the suggestion that nothing was recovered at the instance of accused Mani @ Mental. He further denied the suggestion that accused Mani @ Mental has been falsely implicated in this case.
PW-8 HC Sunil Kumar has deposed that on 06/03/10 he was posted at PS Rani Bagh as MHCM on that day ASI Ramesh Kumar Deposited a pulanda sealed with the seal of RK. He deposed that he deposited the same vide entry No.98/10 in register No.19. He proved the photocopy of the same as Ex.PW-8/A. He further deposed that on 06/05/10 the said case property was sent to PS Saraswati Vihar through Ct. Dilawar vide RC No.14/21/10.
State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 8/26PW-9 Ct. Kulbhushan has deposed that on 05/03/10 he was posted at PS Rani as Ct. Further he deposed that in the intervening night of 05-06/03/10 he along with ASI Ramesh Kumar reached at Road No.43 Guru Harkishan Marg where the accused Manoj Kumar @ Monu was apprehended by Ct. Ramdass along with Maruti Esteem Car bearing No.DL 3CG 5278 (original No.DL 3CR 6881) which was being driven by accused Manoj. He deposed that IO took into possession the said car and arrested the accused in case FIR No.75/10 PS Rani Bagh. He further deposed that on interrogation accused disclosed that he had stolen the said car from the jurisdiction of PS Maurya Enclave. He deposed that he also disclosed that they had stolen a gray colour esteem car bearing No.DL 9CK 3999 from Tri Nagar and used the said car in theft on 02/03/10 at Subhash Place Pitampura, Delhi he proved the disclosure statement of accused Manoj as mark-X3.
This witness was cross examined by Sh. B.P. Singh Ld. LAC for both the accused persons wherein he denied the suggestion that accused Manoj has not made any disclosure statement. He further denied the suggestion that only to solve the present case ASI Ramesh Kumar falsely recorded the disclosure statement of the accused Manoj and implicated in the present case. He denied the suggestion that he is deposing falsely.
PW-10 HC Ashok Kumar has deposed that on 06/03/10 he along with Inspector Parveen Kumar, SI lalit Kumar, HC Pappu Lal, HC Parveen were present at the gate of Sidhartha Appartments during the investigation of case FIR No.80/10 U/s 458/460/302 IPC PS Saraswati Vihar at about 12:00pm a secret informer met to the Inspector Parveen Kumar and informed that a Maruti Esteem car bearing NO.DL 9CK 3999 was parked on the road near the State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 9/26 Lok Vihar Park in which Parmod @ Langda and his two other associates were sitting in the said car. They all police officials immediately reached at near Lok Vihar Park and over powered the persons sitting in the said Esteem Car. He deposed that Inspector Parveen Kumar apprehended the accused Parmod who was sitting on the driver seat, HC Parveen apprehended the accused Mini @ A. Mani @ Mental who was sitting beside driver seat in the said car and HC Pappu Lal apprehended the accused Nar Bahadaur @ Ladies Monu who was sitting on the back seat of the car. He deposed that their names were disclosed after inquiry. He deposed that on cursory search of accused Parmod one buttondar knife was recovered. He deposed that on interrogation all the three accused persons disclosed about their involvement in case FIR No.80/10. He deposed that Inspector Parveen Kumar arrested them in case FIR No.80/10. He deposed that accused Mani @ Mental disclosed in his disclosure statement regarding the involvement in the present case and stated that he along with accused Manoj and Manoj @ Monu committed theft at the shop at Netaji Subhash Place. He further deposed that Inspector Parveen Kumar recorded his disclosure statement and proved the photocopy of the same as mark-X1. He deposed that Inspt. Parveen seized the Maruti Esteem Car and proved the photocopy of seizure memo as Mark-X2.
This witness was cross examined by Sh. B.P. Singh Ld. LAC for both the accused persons wherein he deposed that they four police officials were present at the spot. He denied the suggestion that accused Mini @ Mental has not made any disclosure statement. He further denied the suggestion that only to solve the present case ASI Ramesh Kumar falsely recorded the disclosure statement of the accused Mini @ Mental and implicated in the present case.
State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 10/26PW-11 SI Lalit Kumar has deposed that on 06/03/10 he along with Inspector Parveen Kumar, Ct Pappu Lal, HC Ashok, HC Parveen were present at the gate of Sidhartha Appartments during the investigation of case FIR No. 80/10 U/s 458/460/302 IPC PS Saraswati Vihar at about 12:00pm a secret informer met to the Inspector Parveen Kumar and informed that a Maruti Esteem car bearing NO.DL 9CK 3999 was parked on the road near the Lok Vihar Park in which Parmod @ Langda and his two other associates were sitting in the said car. They all police officials immediately reached at near Lok Vihar Park and over powered the persons sitting in the said Esteem Car. He deposed that HC Ashok apprehended the accused Parmod who was sitting on the driver seat, HC Parveen apprehended the accused Mini @ A. Mani @ Mental who was sitting beside driver seat in the said car and Ct. Pappu Lal apprehended the accused Nar Bahadaur @ Ladies Monu who was sitting on the back seat of the car. He deposed that their names were disclosed after inquiry. He deposed that on cursory search of accused Parmod one buttondar knife was recovered. He deposed that there was blood stains on the window from inside of the above said Maruti Esteem car. He deposed that Inspector Praveen called the crime team and the photographs of the car was taken. He deposed that on interrogation all the three accused persons disclosed about their involvement in case FIR No.80/10. He deposed that Inspector Parveen Kumar arrested them in case FIR No.80/10. He further deposed that accused Mani @ Mental disclosed in his disclosure statement regarding the involvement in the present case and stated that he along with accused Manoj and Manoj @ Monu committed theft at the shop at Netaji Subhash Place. He deposed that Inspector Parveen Kumar recorded his disclosure statement photocopy of the same is mark-X1. He deposed that Inspt. Parveen seized the Maruti Esteem Car photocopy of seizure memo as Mark-X2. He deposed that HC Parveen arrested the accused Mini @ Mental vide memo Ex. PW-7/A. State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 11/26 This witness was cross examined by Sh. B.P. Singh Ld. LAC for both the accused persons wherein he deposed that secret information was received by Inspector Parveen Kumar at about 12:00pm and at that time he was along with Inspt. Parveen Kumar and were returning to PS. He denied the suggestion that no disclosure statement was made by the accused persons. He further denied the suggestion that accused Mani @ Mental has been falsely implicated in this case.
PW-12 Ct. Ram Kishan has proved all the six photographs of the spot as Ex. P-3 collectively.
PW-13 SI Ramesh Kumar has deposed that on 05-06/03/10 he along with Ct. Kulbhushan was at emergency duty from 8:00pm to 8:00am. At about 2:05am he received DD No.7A and thereafter he along with Ct. Kulbushan reached at spot at Road No.43 Guru Harkishan Marg, where Ct. Ram Raj and Ct. Harpal Singh DHG met him along with accused Manoj @ Monu. He also found there a Maruti Esteem car bearing No.DL 3CG 5278 and both the constables told him that the said Maruti Car was recovered from the possession of accused Manoj @ Monu. He deposed that he inquired from auto match and came to know that the said car was stolen from the jurisdiction of PS Maurya Enclave and for which an FIR No.43/10 U/s 379 IPC PS Maurya Enclave was already lodged. He deposed that he called the photographer and got clicked the photographs of the recovered maruti esteem car from inside and outside. He deposed that the said car was bearing fake number plate. He deposed that the original number was DL 3CR 6881. He deposed that on the back seat of the said maruti car an iron road and a polythene containing Gutka of Dilbag, Dil Bahar and Tiranga etc. He deposed that in the dash board of the car an RC of registration NO. DL 3CR 6881 of the said car was State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 12/26 recovered. He deposed that in the dash board two packet of Classic Cigarette in open condition and two packet of Gold Flake Cigarette was found. He further deposed that he prepared separate pulindas of fake number plate, iron rod, packets of cigarettes and polythene containing Gutkas and sealed the same with the seal of RK. He deposed that he took in possession pulinda of all the recovered articles. He deposed that he also took in possession the pulinda of cigarettes vide seizure memo Ex.PW-13/A. He also took in possession the original RC of maruti Esteem car and proved the photocopy of the seizure memo as Mark P1. He deposed that he got registered the case 70/10 U/s 411/482 IPC PS Rani Bagh. He arrested the accused Manoj @ Monu who on interrogation made disclosure statement regarding his involvement of present case. He deposed that the photocopy of his disclosure statement as mark X3. He further deposed that he recorded the statement of both the constables. He handed over the photocopy of seizure memo of cigarettes and original RC of the recovered car and disclosure statement of accused Manoj to IO HC Parveen Kumar and IO HC Parveen Kr recorded his statement.
This witness was cross examined by Sh. B.P. Singh Ld. LAC for both the accused persons wherein he deposed that at that time when he reached on the spot Maruti Esteem car was standing and no barricades was used to stop that car. He deposed that RC of the esteem car recovered from the dash board of the said car was taken in possession but he did not make any pulinda of the same. He deposed that no public person was there at that time when he seized the car due to late night hours. He deposed that site plan was prepared at the instance Ct. Ramraj. He denied the suggestion that all the proceedings were conducted while seating in the PS and accused Manoj was not arrested on the spot.
State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 13/26PW-14 Inspector Parveen Kumar has deposed that on 06/03/10 he along with SI Lalit Kumar, Ct Pappu Lal, HC Ashok, HC Parveen were present at the gate of Sidhartha Appartments during the investigation of case FIR No. 80/10 U/s 458/460/302 IPC PS Saraswati Vihar. At about 12:00pm a secret informer met to him and informed that a Maruti Esteem car bearing NO.DL 9CK 3999 was parked on the road near the Lok Vihar Park in which Parmod @ Langda and his two other associates were sitting in the said car. They all police officials immediately reached at near Lok Vihar Park and over powered the persons sitting in the said Esteem Car. He deposed that HC Ashok apprehended the accused Parmod who was sitting on the driver seat, HC Parveen apprehended the accused Mini @ A. Mani @ Mental who was sitting beside driver seat in the said car and Ct. Pappu Lal apprehended the accused Nar Bahadaur @ Ladies Monu who was sitting on the back seat of the car. He deposed that on cursory search of accused Parmod one buttondar knife was recovered. He deposed that there was blood stains on the window from inside of the above said Maruti Esteem car. He deposed that he called the crime team and the photographs of the car was taken. He deposed that on interrogation all the three accused persons disclosed about their involvement in case FIR No.80/10. He arrested them in case FIR No.80/10. He deposed that accused Mani @ Mental disclosed in his disclosure statement regarding the involvement in the present case and stated that he along with accused Manoj and Manoj @ Monu committed theft at the shop at Netaji Subhash Place. He recorded his disclosure statement he proved the photocopy of the same as mark-X1. He deposed that he seized the Maruti Esteem Car and proved the photocopy of seizure memo as Mark-X2. He deposed that HCt. Parveen arrested the accused Mini @ Mental vide memo Ex.PW-7/A. This witness was cross examined by Sh. B.P. Singh Ld. LAC for both the State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 14/26 accused persons wherein he deposed that secret information was received by him at about 12:00pm. He deposed that at that time he was along with SI Lalit Kumar and with other police officials were returning to PS after investigation of FIR No.80/10 PS Saraswati Vihar. He denied the suggestion that no disclosure statement was made by the accused persons. He further denied the suggestion that accused Mani @ Mental has been falsely implicated in this case.
PW-15 HC Parveen has deposed that on 03/03/10 when he was present in the PS at about 10:00am, complainant Prem Prakash Rathore came to PS and got recorded his statement Ex.PW-1/A regarding theft of articles from his shop at Netaji Subhash Place. He prepared rukka Ex.PW-15/A. He deposed that meanwhile another complainant Kulvir Singh also came to the PS and he also got recorded his statement regarding theft of articles from his shop at Netaji Subhash Place. He deposed that on the basis of rukka Ex.PW-15/A FIR Ex.PW-3/A was got lodged. He deposed that thereafter he along with both the complainants Kulvir Singh and Prem Prakash reached at the spot. He deposed that he has prepared the site plan Ex.PW-1/B at the instance of Prem Prakash and site plan Ex.PW-15/B at the instance of Kulvir Singh. He recorded the statement of Lal Bihari, the guard of Best Plaza netaji Subhash Place where the shop of complainant Prem Prakash Rathore is situated, who told him the registration number of the car as DL 9CK 3999 by which the accused person fled away with the stolen articles. He deposed that he tried to search about the car from auto match and he came to know that the said car was stolen from the jurisdiction of PS Keshav Puram for which FIR No.82/10 PS Keshav Puram was already registered. He recorded the supplementary statement of Prem Prakash Rathore and Kulvir Singh. He deposed that SI Satpal Singh from Crime Team was called at the spot who inspected the spot State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 15/26 and took the photographs of the spot. He deposed that he recorded the statement of SI Satpal Singh and Ct Ram Kishan. He deposed that from Traffic control room he obtained the address of the above said car and he went to the house of the owner of the said car namely Rajesh Kumar. He deposed that he also recorded the statement of Rajesh Kumar who told that his car bearing No.DL 9CK 3999 was stolen by someone in the same night. Thereafter he came back to PS. He deposed that he recorded the statement of Ct. Satish U/s 161 Cr.P.C.
He further deposed that on 06/03/10 ASI Ramesh Kumar from PS Rani Bagh informed him that accused Manoj @ Monu was arrested in case FIR No. 75/10 PS Rani Bagh had made a disclosure statement regarding his involvement in the present case. He deposed that thereafter he along Inspector Parveen, SI Lalit, HC Ashok, Ct. Pappu Lal went to PS Rani Bagh and interrogated the accused Manoj @ Monu. He deposed that ASI Ramesh Kumar handed over him the copy of disclosure statement and other relevant documents. He deposed that from Rani Bagh they were coming back to the PS and when they reached infront of Sidharth Appartment, a secret informer met to Inspector Parveen Kumar and told that a Maruti Esteem Car bearing No.DL 9CK 3999 was parked on the road near Lok Vihar Park in which Parmod @ Langda and his two other associates were sitting. He deposed that they all police officials immediately reached near Lok Vihar Park and over powered the persons sitting in the said Maruti Esteem Car. He deposed that HC Ashok apprehended the accused Parmod who was sitting on the driver seat, he deposed that he apprehended the accused Mini @ A. Mani @ Mental who was sitting beside driver seat in the said car and Ct. Pappu Lal apprehended the accused Nar Bahadaur @ Ladies Monu who was sitting on the back seat of the car. Their names were disclosed after inquiry. He State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 16/26 deposed that on cursory search of accused Parmod one buttondar knife was recovered. He deposed that there was blood stains on the window from inside of the above said Maruti Esteem car. He further deposed that inspector Praveen called the crime team and the photographs of the car was taken. He deposed that on interrogation all the three accused persons disclosed about their involvement in case FIR No.80/10. He deposed that Inspector Parveen Kumar arrested them in case FIR No.80/10. He deposed that accused Mani @ Mental disclosed in his disclosure statement regarding the involvement in the present case and stated that he along with accused Manoj and Manoj @ Monu committed theft at the shop at Netaji Subhash Place. He deposed that Inspector Parveen Kumar recorded his disclosure statement and proved the photocopy of the same as mark-X1. He deposed that Inspt. Parveen seized the Maruti Esteem Car and proved the photocopy of seizure memo as Mark- X2. He deposed that all the accused persons were brought to PS. He deposed that he arrested the accused Mini @ Mental vide arrest memo Ex.PW-7/A. He deposed that he recorded the disclosure statement of accused Mani @ Mental which is Ex.PW-15/D. He deposed that accused disclosed that he can get recovered the stolen packets of cigarettes and cartons of beers. He further deposed that accused lead us to place of incident. He deposed that he prepared pointing out memo Ex.PW-7/B. He deposed that accused lead them to his house at E-683, JJ Colony Shakurpur and produced one carton of Zingaroo Strong Beer containing 12 bottles and two packets of classic cigarettes and three packets of gold flake cigarettes. He deposed that he prepared the pulinda of all the 5 packets of cigarettes bearing seal of PK and the cartons of beer was also sealed with the seal of PK. He deposed that all the recovered articles were seized vide seizure memo Ex.PW-7/C. He deposed that thereafter they came back to the PS and accused Mani @ Mental was lodged in lockup. He deposed that on 07/03/10 he recorded the State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 17/26 statement of ASI Ramesh Kumar, Ct. Kulbhushan and Ct. Ramraj and Ct. Harpal (DHG) regarding the recovery effected by them from accused Manoj.
He deposed that on 11/03/10 he arrested the accused Manoj @ Monu vide arrest memo Ex.PW-15/E. He deposed that he recorded the disclosure statement of Manoj as Ex.PW-15/F. He proved all the five packets of cigarettes as Ex.P-1 colly. He also proved all the 12 bottle of beer along with carton as Ex.P-2.
This witness was cross examined by Sh. B.P. Singh Ld. LAC for both the accused persons wherein he deposed that he along with complainant Prem Prakash Rathore and Kulvir Singh reached at the spot at about 11:40am. He deposed that one eye witness Lal Bahadur met him at the spot. He deposed that Lal Bahadur told him that incident took place at about 5:00am. He deposed that incident of theft occurred on 03/03/10. He deposed that Lal Bahadur told him that he had seen two persons keeping some articles in the Maruti Esttem Car DL 9CK 3999 and fled away from the spot with the said car. He further deposed that he could not see the face of the accused. He deposed that Lal Bahadur was the only person while he had seen the accused persons fled away from the spot. He deposed that Lal bahadur told him that he had seen the car of accused persons at some distance. He deposed that Lal Bahadur was coming from the toilet when he see the accused persons were running away from the car. He further deposed that nobody made any call. He deposed that secret information was received by Inspector Parveen Kumar at about 12:00pm. He deposed that at that time he was along with Inspt. Parveen Kumar and were returning to PS. He denied the suggestion that nothing was recovered from the possession of the accused. He denied the suggestion that no disclosure statement was made by the accused persons. He further denied the suggestion that accused Mani @ Mental and Manoj @ Monu have been falsely implicated in this case.
State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 18/26PW-16 Haroon Ahmad brought the original case file of FIR No.75/10 PS Rani Bagh. He proved the original seizure memo of Maruti Esteem Car bearing No.DL 3CG-5278, the seizure memo of RC of Maruti Esteem Car bearing No.DL 3CR 6881, the seizure memo of cigarette, seizure memo of raxine hand bag with papers and documents, seizure memo of Gutkha packet, seizure memo of iron rod and arrest and personal search memo of accused Manoj @ Monu @ Lucky are placed in the case file of FIR NO.75/10. He deposed that the photocopies are placed at the judicial file of FIR No.81/10 (present FIR). The photocopies were seen and compared with the originals. He proved the same as Ex.PW-16/A to H respectively.
PW-17 Kulbir Singh has deposed that he reside at the given address and running a Restaurant in the name and style R.K. Quality Foods at shop No.G-58, H-9, Wardhman Corporate Plaza, Netaji Subhash Place, Delhi. He deposed that on 02/03/10 at about 10:00pm he closed his shop and locked it properly and went back to him home. He deposed that on next morning at about 10:00am when he reached at his shop he saw that the lock of the shutter of his shop was in broken condition and all the articles of his shop were in scattered condition. He checked the articles of his shop and found that bottles of Mineral Water, Soda Water and some eatables like chocolate etc were stolen by someone. He deposed that he went to the PS Saraswati Vihar where one Prem Prakash was also present and theft was also taken place from the shop of Prem Prakash. He deposed that he stated to the IO that there was theft taken place in his shop. He along with IO HC Parveen Kumar and Prem Prakash reached at his shop. He deposed that he had shown the place of incident to the IO. He deposed that IO prepared site plan and recorded his statement. He also proved the photographs of the shop as Ex.P-1 State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 19/26 (colly).
This witness was cross examined by Sh. B.P. Singh Ld. LAC for both the accused persons wherein he admit that he came to know in the morning that theft was taken place in his shop. He further admit that he had not seen anyone while stealing in his shop.
PW-18 Ct. Harpal deposed that in the intervening night of 05-06/03/10 he along with Ct. Ram Rai was on patrolling duty in the area. He deposed that at about 1:45am on 06/03/10 when they reached at Raja Park Red Light Chowk and saw that a Maruti Esteem Car bearing NO.DL 3CD-5278 was stationed at Savtantrata Senani Balbir Singh Marg. He deposed that they stopped their motorcycle near the said car and inquired from the person who was sitting on the driving seat of the said car but he could not give satisfactory answer. He deposed that on suspicion they apprehended him who was in the drunken condition and on inquiry he disclosed his name as Manoj @ Monu. He deposed that Ct. Ram Rai took the cursory search of said car and found one iron rod on the back seat of the said car and one polythene bag of light blue colour which was containing gutka of different companies like Darbar, Tiranga, Chutki, Pass pass and Shikhar etc. and from the dash board of the said car two packets of cigarette of Classic and two packet of gold flak and one R.C. of a car Bearing No.DL 3CR-6881 and one rexin hand bag containing some documents. He deposed that Ct. Ram Rai made a call to PS upon which ASI Ramesh Kumar and Ct. Kulbhushan reached there Ct. Ram Rai produced the articles recovered and accused Manoj to ASI Ramesh Kr. He further deposed that ASI Ramesh Kr recorded the statement of Ct. Ram Rai and sent Ct. Kulbhushan to PS for registration of the case. He deposed that ASI Ramesh Kumar took in possession the above said Maruti Esteem Car vide memo Ex.PW-16/B. He deposed that ASI Ramesh Kr prepared pulinda of the State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 20/26 recovered cigarette sealed the same with the seal of RK and took in possession vide seizure memo Ex.PW-16/C. He further deposed that IO ASI Ramesh Kumar arrested the accused Manoj @ Monu and recorded his disclosure statement Mark-X3. He deposed that thereafter they along with accused and case property came back to PS. He deposed that IO recorded his statement. He also proved the case property i.e. 5 cigarettes packets as Ex.P-1 colly.
This witness was cross examined by Sh. B.P. Singh Ld. LAC for both the accused persons wherein he deposed that the vehicle was already stationary. He deposed that Ct. Ramraj first inquired from the occupants of the car. He deposed that his bike was also driven by Ct. Ramraj. They inquired from the occupants of the car just on the basis of suspicion. He deposed that the vehicle was stationed at Balbir Singh Sindhu Marg, popularly known as Raja park. He deposed that the vehicle was parked beside the board "Balbir Singh Sindhu Marg". He deposed that they had spotted the said vehicle at about 01:45 am.
5. P.E. was closed vide order dated 13.09.2012 and statement of accused persons U/s. 313 Cr.P.C was recorded to which the accused persons denied all the allegations leveled against them but preferred not to lead D.E. Thereafter the matter was fixed for arguments.
6. It has been submitted by Ld. APP that the prosecution has been able to prove the guilt of accused beyond the reasonable doubt. It has been further stated that the testimonies of the prosecution witnesses are reliable and trustworthy which have been able to bring home the guilt of the accused State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 21/26 beyond the reasonable doubt.
7. Per contra Ld. Defence Counsel has argued that no incriminating material has come on the record against the accused persons and the prosecution has miserably failed to prove the case beyond reasonable doubt. He further submits that the accused persons have been falsely implicated in this case.
8. I have heard the arguments advanced by Ld. APP for the State as well as Ld. Counsel for the accused persons and have gone through the evidence and the material available on record.
9. After going through the material on record and having heard the arguments advanced, I am of the I am of the opinion that prosecution has successfully brought home the guilt of the accused persons.
10. Section 411 provides "Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. "
11. In Trimbak Vs. The State of Madhya Pardesh, AIR 1980 SC 39, the Hon'ble Supreme Court held that in order to bring home the guilt of a person under section 411 IPC the prosecution was required to prove, State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 22/26 (1) That the stolen property was in the possession of the accused, (2) That some person other than the accused had possession of the stolen property before accused possession of the property before accused got possession of it, and (3) That the accused had knowledge that the property was stolen property.
12. The term Stolen Property has been defined U/s 410 of IPC.
Section 410 IPC reads as under:
Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as "stolen property", whether the transfer has made, or the misappropriation or breach of trust has been committed, within or without India. But, if such property subsequently comes into possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.
Further, illustration (a) of Sec 114 Indian evidence Act,1872 provides That a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen,unless he can account for their possession.
13. PW-1 Prem Prakash who is the complainant deposed that on 03.03.2010 when he reached his shop at about 09:00 am, he found it shutter in a broken State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 23/26 condition. Further that he was told by PW-2 Sh. Lal Bihari who was working there as security guard that he saw 2/3 persons at about 05:00 am keeping goods in a car which bore registration No. DL 9CK 3999 and thereafter he made a complaint to the police. PW-2 also deposed on the same lines and stated that he saw the car bearing No. DL 9CK 3999 parked in front of shop of one Sanjeev Mittal.
14. PW-10 HC Ashok Kumar who was member of the team comprising of PW-11 SI Lalit Kumar, PW-15 HC Praveen deposed that on receiving information from a secret informer they apprehended the accused persons with a part of the case property in the maruti esteem car bearing the same registration No. as told by the PW-2 as DL 9CK 3999. The articles recovered from the possession of the accused persons were duly identified by the complainant and the same were recovered within three days of the incident.
15. There is no reason to doubt the veracity of statement given by the prosecution witnesses and ingredients as mentioned in section 411 IPC has been duly satisfied. Further, during his examination u/s 313 Cr.P.C the accused persons gave evasive answers and did not clarify as to how the said articles were recovered from their possession. Whether the same was planted or otherwise or any enimosity with the complaint or the police officials so that they have any reason to falsely implicate them. No explanation was given regarding recovery of the articles from the possession of the accused persons.
16. The accused persons led no defense evidence to prove that the articles State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 24/26 were not recovered from their possession. Further neither could they discredit the testimonies of PWs nor accounted for the possession of the articles. The court has no reason to disbelieve the testimonies of the prosecution witnesses who have corroborated each other in all material aspects about recovery of the articles from the person of the accused persons.
17. It has been held by the Hon'ble Supreme Court in Karamjit Singh Vs. State (Delhi Administration) reported in AIR 2003 SC 1311.
......... The testimony of police personnel should be treated in the same manner as testimony of any other witness and there is no principle of law that without corroboration by independent witnesses their testimony cannot be relied upon. The presumption that a person acts honestly applies as much in favour of police personnel as of other persons and it is not a proper judicial approach to distrust and suspect them without good grounds. It will all depends upon the facts and circumstances of each case and no principle of general application can be laid down.......
In the present matter, the police personnel have corroborated the version of complainant. Their testimony cannot be discarded.
18. In view of Illustration (a) of Sec 114 Indian Evidence Act,1872,it was obligation of the accused persons to rebut the presumption that was attracted against them, by coming forward with evidence. The fact that the articles were recovered from the accused persons proves it was in their possession, State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 25/26 testimony of PW-1 proved that the articles were in his possession prior to being stolen of and presumption of Illustration (a) of Sec 114 Indian Evidence Act,1872, in absence of any evidence contradicting it goes to show that the accused persons are either thief or receiver of goods knowing them to be stolen.
19. In view of the above discussion, observations and evidence on record, in my opinion the prosecution has been been successfully able to prove the offence under Section 411 IPC against the accused persons. Therefore I hold both the accused persons guilty of offence under Section 411 IPC.
20. Now let the matter be listed for arguments on sentence.
(Bhupinder Singh) Metropolitan Magistrate Rohini Courts : Delhi Announced in the open court on January 04th, 2013.
It is certified that this judgment contains 26 pages and each page is signed by me.
(Bhupinder Singh) Metropolitan Magistrate Rohini Courts : Delhi Date: 04/01/2013 State V/s A. Maini @ Mental & Anr. FIR No. 81/10 PS: Saraswati Vihar Page No. 26/26