Delhi District Court
State vs Mohd. Saifi @ Guddu on 30 January, 2018
In the Court of Sh. Ajay Kumar Jain, Additional Sessions Judge02,
South District, District Court Saket, New Delhi.
Session Case No. 6698/16
In the matter of :
State
Versus
1. Mohd. Saifi @ Guddu
S/o Mohd. Rafi
R/o Mohalla Subhash Nagar,
Teli Wali, PS Dhanura Mandi,
Dist. Amroha, UP.
2. Talib S/o Kalua
R/o Mohalla Subhash Nagar,
Chuchal Kalan, PS Dhanaura Mandi,
Distt. Amroha, UP.
3. Farman S/o Sh Aniss Ahmed
R/o Mohalla Kanchan Bazar,
Near Sabzi Mandi,
PS Dhanaura Mandi, Distt. Amroha,
UP.
4. Tayab Khan S/o Mazid Ahmed
R/o Chand Pur, Near Railway Fatak,
Bijnaur, UP.
FIR No. : 135/13
Police Station : Saket
Under section. : 328/379/411 IPC
Date of assignment : 07.12.2013
Reserved for judgment : 30.01.2018
Date of decision : 30.01.2018
SC No.6698/16 , S/v Mohd. Saifi etc., FIR No. 135/13, PS Saket (pg1of 9) dated 30.01.2018
JUDGMENT
1. Prosecution story as per chargesheet in brief that on 15.04.2013, complainant Karamjit Singh lodged a complaint at PS Saket in which he alleged that on 12.04.2013, his driver Kailashi took his mother in car No. DL 12CA 3869, Mahindra Quanto to Max hospital where his father was admitted and after dropping his mother, he was told to park the car outside hospital, however when he was called at 3 pm, he did not pick up the phone, thereafter his son also called but his phone remained switched off. Thereafter, the police of CR Park was informed and also called at 100 number. Consequent to this, present FIR u/s 408 IPC was registered. On 15.04.2013, Kailashi appeared at PS who stated that after leaving Manju Puri at Max hospital, when he was sitting in his car at Mandir Lane, near Sanatan Dharam mandir, Saket, then at around 12.30 pm, one person came and offered him laddoo, thereafter he kept that laddoo on dashboard, then he had eaten the laddo and got unconscious, and when got consciousness found himself at Gaziabad and today alongwith his owner in PS to tell the truth. Thereafter, his MLC was conducted and Section 328/379/34 IPC were inserted.
2. On 30.04.2013, an intimation was received from PS Shyampur Haridwar that the accused Mohd. Saifi @ Guddu, Talib, Farman and Tayyab Khan were arrested and a car was recovered at their instance which they stolen after giving some intoxicating thing to the driver. Thereafter, the recovered stolen car was taken into possession and accused persons were arrested. Accused during SC No.6698/16 , S/v Mohd. Saifi etc., FIR No. 135/13, PS Saket (pg2of 9) dated 30.01.2018 interrogation disclosed that they have concealed the said car in Chandighat parking at Haridwar. Accused persons refused to participate in the TIP. On completion of investigation, chargesheet was filed.
3. On committal, vide order dated 18.02.2014, accused Mohd. Saifi, Farman and Tayyab Khan were charged for commission of offence u/s 328/365/379/411/34 IPC and accused Talib was charged for commission of offence u/s 411/34 IPC to which accused pleaded not guilty and claimed trial.
4. Prosecution for substantiating its case, examined 8 witnesses. The summary details of their testimony are reproduced as under.
5. PW2 Kailashi stated that at 11.30 am one and half year back, he took Manju, wife of the employer to Max hopsital, thereafter parked the car in front of Sanatan Dharam Mandir, adjacent to said hospital. After some time two persons came and offered the prasad (laddoo) and after eating it, he became unconscious and got consciousness after three day in a field near Gaziabad and thereafter came to Delhi and narrated the incident to his employer and after 10 days came to know that IO recovered the car, however not identified the accused persons present in court and on being declared hostile denied suggestion that police took him to the place of incident on 15.04.2013 and prepared site plan at this instance and also denied suggestion that on 25.10.2013, he identified the accused at Saket court, and he also denied suggestion that present accused offer toxic laddoo to him.
6. PW4 Karamjit Singh Puri stated to have lodged the missing complaint and after 34 days of the incident, Kailashi came and SC No.6698/16 , S/v Mohd. Saifi etc., FIR No. 135/13, PS Saket (pg3of 9) dated 30.01.2018 stated that he was given the toxic laddoo, therefore became unconscious and got consciousness after 34 days at Ghaziabad, then came to him and thereafter he took him to the PS. PW5 Manju Puri stated that Kailashi on 12.04.2014 dropped her at Max hospital, thereafter he did not pick up the phone and then she informed her son who lodged complaint against driver Kailashi. PW1 HC Harikesh duty officer who registered FIR. PW3 Dr. Jyotsna exhibited the MLC of injured kailashi.
7. PW6 SI Deepak Kathait stated that on 25.04.2013 he was posted as SubInspector at PS Shyampur Haridwar and doing investigation of FIR no. 15/13 in which four accused Mohd. Saifi @ guddu, Farman, Talib and Tayyab were arrested alongwith stolen scorpio car and they also revealed that they have stolen various other vehicles including one Quanto car, Indigo car and Esteem car. Thereafter he alongwith SI Bhagat Dass, HC Ranjit Tomar, Ct. Diwan Singh, Ct. Virender Singh, Ct. Rajinder Singh, Ct. Lakhan Singh and Ct. Yashpal left the PS at around 8.40 pm for purpose of recovery and at the instance of accused persons at Kusht Ashram,Chandi Ghat white coloured Quanto, white coloured Indigo and black coloured Esteem were recovered and none of the vehicle has any registration number plates on them. Accused also stated that they had stolen the quanto car from Saket after administering toxic laddoo . Accused Farman produced key bunch from beneath large stone lying nearby, thereafter all the cars were seized and vehicle was brought to the PS. Information was sent to Delhi at PS Saket and on 02.05.2013, IO recorded his statement. In cross SC No.6698/16 , S/v Mohd. Saifi etc., FIR No. 135/13, PS Saket (pg4of 9) dated 30.01.2018 examination, stated that at Chandi Ghat parking could accommodate 500 cars and he cannot tell how many cars were without registration plates there. There is no attendant or CCTV camera at said parking and only 3040 vehicles were present at that time. He stated that no public persons found when they started at PS and reached the parking. They had gone in government vehicle but cannot tell number and accused persons were arrested on same day at around 5:17 hours. He has not placed any site plan and came back to the PS at around 23:35 hours and disclosure statement were recorded in PS after arrest and then also at place of recovery. PW7 SI Bhagat Singh also deposed on same lines. PW8 SI Amit Kumar Solanki investigating officer of present case stated that a complaint was made on 15.04.2013 by Karamjit Singh, thereafter on the same day Kailashi came and stated that the car was robbed from him after giving him one laddoo. Thereafter he recorded his statement and on 30.04.2013 he received the information from SHO Shyampur Haridwar, then on receipt of said information, he reached Haridwar and recorded the statement of SI Bhagwan Dass and HC Deepak and got released the said car. Then, arrested the accused persons, moved their TIP application. Accused persons could not point out place from where they purchased the laddoo. In cross examination, stated that it is correct that accused persons were arrested from Haridwar and no site plan was handed over and photographs of vehicle were taken at Delhi. IO of PS Shyampur did not tell him about any details of parking attendant, name of parking or parking receipt. He also did not prepare any pointing out memo at the instance of accused. The vehicle was having original paint on SC No.6698/16 , S/v Mohd. Saifi etc., FIR No. 135/13, PS Saket (pg5of 9) dated 30.01.2018 its body and he recorded the disclosure statement of accused at Haridwar. He further stated that no agreement came on record, however Kailashi came to court for preparation of agreement. Material Exhibits
8. Ex.PW4/A is the complaint of Karamjit pursuant to which present FIR u/s 401 IPC was registered vide Ex.PW1/A. Ex.PW8/V is the site plan of place of occurrence. Ex.PW8/E colly, Ex.PW8/F colly, Ex.PW8/G colly, Ex.PW8/H colly are the copy of zero FIR dated 25.04.2013 at PS Shyampur alongwith investigation report, rukka and case diary. Ex.PW8/S, Ex.PW8/R, Ex.PW8/Q and Ex.PW8/T are the disclosure statements of accused Farman, Mohd. Saifi, Talib dated 07.09.2013 and of accused Tayyab Khan dated 17.08.2013. Ex.PW8/P, Ex.PW8/O and Ex.PW8/N are arrest memos of accused Farman, Talib and Mohd. Saifi dated 07.09.2013. Ex.PW8/K is arrest memo of accused Tayyab Khan dated 17.08.2013. Application for release of vehicle at Haridwar is Ex.PW8/B and release order is Ex.PW8/C. Ex.PW8/U1 is TIP proceeding by which accused Mohd. Saifi and Farman refused to participate in TIP. Ex.PX is TIP proceeding of accused Tayyab Khan who also refused to participate in TIP. Ex.PW3/A is the MLC of victim Kailashi. Ex.P1 to P3 are photographs of the stolen car Mahendra Quanto.
9. Accused persons in their statement u/s 313 Cr.P.C denied all the incriminating circumstances put to them and not opted to lead defence evidence.
10. Accused persons submits that they are falsely implicated in the SC No.6698/16 , S/v Mohd. Saifi etc., FIR No. 135/13, PS Saket (pg6of 9) dated 30.01.2018 present case and the recovery of stolen car was planted over them and they have nothing to do with the commission of the crime.
11. Ld. Addl. PP on the other hand submitted that the accused persons were arrested within 10 days of the incident, though PW2 not identified the present accused in the court, however there is an incriminating recovery of stolen car from the accused persons. The testimony of PW6 and PW7 in this regard unimpeached. On overall, appreciation of evidence, the prosecution able to prove its case, hence accused persons are liable to be convicted for the offences charged.
12. Arguments heard. Record perused.
13. As per prosecution case, on 12.04.2013, PW2 Kailashi driver of PW4 dropped PW5 Manju Puri at Max hospital, thereafter parked the robbed Mahendra Quanto car outside the Max hospital and while he was sitting in the said car, some person came and offered him laddoo and on taking the same, he fell unconscious thereafter regained consciousness after 3 days at Ghaziabad. PW2 is the principal witness who has seen the person who offered the laddoo, however PW2 in his testimony had not identified the present accused persons as the person who offered him the laddoo, therefore the entire prosecution case now left to the recovery of the said stolen car at the instance of accused.
14. The witnesses of the recovery of said stolen car examined by prosecution are PW6 SI Deepak Kathait and PW7 SI Bhagat Singh PS Shyampur Haridwar. Both these witnesses stated that on 25.04.2013 in investigation of FIR no. 15/13 present accused were arrested with one stolen scorpio, thereafter at their instance stolen SC No.6698/16 , S/v Mohd. Saifi etc., FIR No. 135/13, PS Saket (pg7of 9) dated 30.01.2018 quanto car from Delhi and one Indigo and a Esteem car was recovered from the parking of Kusht Ashram Chandi Ghat. These witnesses however themselves however not exhibited any documents regarding disclosure of accused persons or seizure of the said stolen cars at Chandi Ghat. As per their testimony, these stolen cars were found to be without number plate and registration number but the photographs Ex.P1 to P3 showing one number at front and another number at the back. There is no independent witness joined at the parking. No site plan of parking was prepared. Both the witnesses stated that the entire team went in the government vehicle but could not tell the particulars of government vehicle. In these facts and circumstances, the recovery of stolen Mahendra Quanto car at the instance of accused persons do not appear to be credible. Police during investigation did not collect any document to show that accused persons were at Delhi at the date of incident and also could not collect any evidence that how accused persons had taken said car to the Haridwar. There are number of toll booths fall on the way from Delhi to Haridwar, however police did not tried to get any evidence regarding the fact that said car had been taken through those toll booths.
15. Though the accused persons refused the TIP, however that refusal cannot be read against accused persons because they are not identified by PW2 during his testimony which is substantive evidence.
16. On overall appreciation of evidence the prosecution case fails as not supported by direct testimony of PW2 and furthermore the recovery of stolen car at the instance of accused also do not appear SC No.6698/16 , S/v Mohd. Saifi etc., FIR No. 135/13, PS Saket (pg8of 9) dated 30.01.2018 to be credible. Prosecution not able to prove its case beyond reasonable doubt, hence, the accused Mohd. Saifi @ Guddu, Talib, Farman, Tayab Khan are granted benefit of doubt and acquitted of all the charges framed against them. Accused persons are directed to execute bail bond in terms of section 437A Cr.P.C in sum of Rs. 20,000/. After compliance of section 437A Cr.P.C, file be consigned to record room.
Announced in the open Court (AJAY KUMAR JAIN)
On 30th day of January, 2018 ASJ02 (South)
District Court Saket / New Delhi
SC No.6698/16 , S/v Mohd. Saifi etc., FIR No. 135/13, PS Saket (pg9of 9) dated 30.01.2018