Delhi District Court
State vs 1. Anwar Son Of Nazar Ahmad on 12 January, 2010
1 FIR No. 431/2001
PS Bhajanpura
IN THE COURT OF SH. SUDESH KUMAR:
ADDL.SESSIONS JUDGE (NORTHEAST):
KARKARDOOMA COURTS:DELHI
SC No. 30/2008
FIR No.431/2001
PS Bhajanpura
Under section 384/386/364A34 IPC
State Versus 1. Anwar son of Nazar Ahmad
resident of H.No. 24, near Masjid Lal Kunwa
Bulandshahar, UP.
2. Ajay Chaudhary son of Rambir Singh
resident of vill. & PO Manglore, PS Salempur
Distt. Bulandshahar, UP
3. Abbas son of Mohd. Ilyas
resident of Lal Kuwa near Masjid
BulandShahar, UP
Date of Institution of the case 28.2.2008
Date of hearing arguments 12.1.2010
Date of decision 12.1.2010
J U D G M E N T
After completion of the committal proceedings under section 207 Cr.PC, case bearing FIR No.431/2001, for offence punishable under section 384/386/364A/34 IPC, registered at PS Bhajanpura, against accused persons namely Anwar, Furkan @ Firoz @ Pandit, Kadir @ Khalid @ Chauna @ Mulla, Ajay Choudhary and Abbas were sent up for trial, to the Court of Sessions by the learned Metropolitan Magistrate, which in turn was assigned to this Court.
Briefly the facts of the prosecution case as per report 2 FIR No. 431/2001 PS Bhajanpura under section 173 Cr.PC are that a written complaint dated 9.12.2001 addressed to the DCP Special Cell, was received in the police station substance whereof is that the complainant Qamar Ahmad was arrested in a case under Copyright Act on 14.6.2001 and remained in Judicial custody for about 1011 days and during the said period he came in contact of a person namely Khalid. When the complainant got released from jail, the said Khalid asked him to come on "Visiting" and pay him a sum of Rs.5,000/, otherwise, he would get him kidnapped, but he did not pay any heed to his version.
Subsequently, when Khalid got released from the jail, he traced his house and on 2.12.2001 at about 4.00 pm, he came to his house along with one more person and started lucrative talks with him and took him to some distance for further talks and from there he made him (complainant) to sit on a motorcycle and took him to Jafrabad where two more boys met and they all took him to the roof of a hostel in front of Jamia Milia College, at Jakir Nagar, Okhla, where three other boys joined them. They all gave him beatings and one of them put a revolver on his head and asked to make a telephonic call to his house and ask for Rs.two lacs whereupon he told that his family being poor can not afford whereupon they further beat him up and threatened to finish the family and they made him to make a call from a mobile phone to his house thus raising a demand of Rs.50,000/, whereupon he telephoned and asked his 3 FIR No. 431/2001 PS Bhajanpura elder brother to bring Rs.50,000/ at Delhi Hotel, Jakir Nagar, on the plea that he had purchased old video cassettes. Since his elder brother Ali Kausar was not possessing Rs.50,000/, he came with Rs.35,000/ and mobile phone model D903 and Rs. 2000/ from the complainant at Delhi Hotel where two boys met him and assuring that his brother is in their office, brought him to the hostel in front of Jamia Millia College, and took Rs.35,000/ and the mobile phone model D903 and lastly threatened that in case of disclosure of the incident to anyone, the entire family would be finished.
The complaint with the above version was entrusted to SI Rohtash who got a case under section 384 IPC registered and there being no trace of the accused persons, the case was filed as "untraced". Later, on 17.5.2002, on receipt of DD No.8A regarding arrest of accused Anwar by the Special Staff, East Distt, the case file was reopened and investigation was assigned to SI Jagbir Singh who during the course of investigation formally arrested five accused persons namely Anwar, Fukran @ Pandit, Khalid @ Kadir @ Chauna, Abbas & Ajay Chaudhary and interrogated them after obtaining police custody remand.
During the course of interrogation of the above named the accused persons, the complainant and his brother both identified the accused persons and the accused persons led the police party to 4 FIR No. 431/2001 PS Bhajanpura the spot and pointing out memo in this regard were prepared. However, during the course of investigation remaining two accused persons namely Rahul & Guddu could not be arrested and the case property could also not be recovered. Resultantly, on the basis material available on record, challan under sections 384/386/364 A/34 IPC was prepared and presented in the Court for trial of the accused persons named herein above.
After hearing learned Addl. PP for the State and Sh.Abdul Rauf Advocatelearned learned counsel for accused persons namely Abbas, Ajay & Anwar, vide order dated 25.2.2009, charge under Sections 364A IPC read with section 34 IPC and Section 386 IPC read with section 34 IPC was framed to which the accused persons pleaded not guilty and claimed trial.
Prosecution in order to establish its case against the accused persons examined three prosecution witnesses. PW1 is HC Yashvir SinghDuty officer who recorded FIR No. 431/2001 PS Bhjanpura under Section 384 IPC carbon copy of which is Ex.PW 1/A and assigned the further investigation of the case to SI Rohtash and sent the copy of the FIR to SI Rohtash through Ct. Pawan for investigation. Complainant Qamar Abbas has also been examined as PW1. He has not supported the case of the prosecution against the accused persons and has specifically deposed that he does not identify the accused persons present in the Court. He has specifically 5 FIR No. 431/2001 PS Bhajanpura stated that none of the persons who abducted him, detained him and demanded ransom of Rs.two lacs by putting revolver on his hand, took cash of Rs. 37,000/ and mobile phone, is present in the court. He was cross examined by the learned Addl. PP for the State at length but nothing incriminating against the accused persons came on record. His brother Ali Kausar has been examined as PW2. He has also not supported the case of the prosecution against the accused persons as he has also not identified the accused persons and has specifically deposed that none of the said persons is present in the Court today. He was also cross examined by the learned Addl. PP for the State but nothing incriminating came on record against the accused persons. Since, both the material witnesses had turned hostile , prosecution evidence was closed vide order dated 12.1.2010. Examination of the accused persons under section 313 Cr PC was dispensed with vide order dated 12.1.2010. Final arguments heard. File perused.
Since, both the material witnesses PW1 Qamar Abbas and PW2 Ali Kausar have not supported the case of the prosecution against the accused persons, there is no incriminating evidence on record against the accused persons Anwar, Ajay Chaudhary and Abbas, as such, accused persons Anwar, Ajay Chaudhary and Abbas are acquitted of the offence under section 364A IPC read with section 34 IPC and section 386 IPC read with section 34 IPC with which they were charged. Bail bonds of the accused persons stand 6 FIR No. 431/2001 PS Bhajanpura cancelled, their sureties stand discharged.
File be consigned to the record room with the direction that the record may be retained as the same can be revived as and when accused Furkan @ Firoz @ Pandit and Kadir @ Khalid @ Chauna@ Mulla, who are proclaimed offenders in the present case, appear or brought before the Court.
Announced in the open court on this 12th day of January 2010 (Sudesh Kumar) Special Judge NDPS (North East) Addl.Sessions Judge, Kkd. Courts Delhi