Delhi District Court
State vs . Babloo Singh on 7 May, 2016
IN THE COURT OF SH.RAKESH KUMAR RAMPURI
MM-8 (CENTRAL):DELHI
State Vs. Babloo Singh
FIR No. :266/99
PS : Kotwali
U/s : 411 IPC
Date of Institution : 26.09.1999
Date of reserve of order :29.04.2016
Date of announcement :07.05.2016
JUDGMENT
Unique I.D No. 02401R0026971999
1. Serial No. of the case : 949/2/14
2. Name of the Complainant : ASI Dalchand
3. Date of incident : 25.04.1999
4. Name of accused person : Babloo Singh S/o Sh. Raghubansh Prasad Singh, Village, PO and PS :
Riga, District Sitamarhi, Bihar.
5. Offence complained of or proved : Under Section 411 IPC
6. Plea of accused : Pleaded not guilty
7. Final Order : Convicted
8. Date of such Order : 07.05.2016 BRIEF REASONS FOR SUCH DECISION:
1. The factual background leadings to present case was that on 01.04.1999, one scooter make of LML Vespa coming from Laxmi Nagar side without having number plate was stopped at ITO by the Traffic Police of Darya Ganj Circle and that scooter had been impounded and challaned. The said Scooter was deposited in circle office, Daryaganj and FIR No. 226/99 Page No. 1 of 6 it was kept duly locked. However, on 23.04.1999, the said scooter was found stolen from there, when impounded vehicles were checked at 7:30 A.M. Complaint Ex.PW1/A was made by MHC (M) HC Mulchand and same was endorsed by Traffic Inspector Sanjeev Kumar resulting into registration of FIR No.266/99 at PS : Kotwali U/s 379 IPC. It is also case of prosecution that on 25.04.1999, HC Pradeep alongwith ASI Dalchan were on patrolling duty on main Najafgarh road at about 6:00 p.m, one two wheelers without number plate was coming from Tilak Nagar side and accused Babloo Singh was driving the same. Accused did not show any documents to the police officials and he disclosed to them that he stolen the same from Kotwali. ASI Dalchand prepared the rukka and sent it for registration of case at PS : Uttam Nagar. HC Pradeep returned to the spot with copy of FIR alongwith rukka and handed over the same to ASI Dalchand. IO ASI Dalchand arrested the accused and also seized the aforesaid scooter. On 26.04.1999, HC Dharmbir singh of PS Kotwali received DD No.4A regarding apprehension of accused Babloo Singh by police officials of PS : Uttam Nagar. After taking permission from the court concerned dealing with PS : Uttam Nagar, where accused was produced, he was formally arrested by IO of this case HC Dharmbir Singh and he also received relevant documents from ASI Dal Chand.
After completion of investigation, IO HC Dharmbir Singh filed challan U/s 379/411 IPC. Ld. Predecessor has framed charge against accused for intentionally retaining said stolen scooter, which is punishable u/s 411 IPC. The prosecution had examined eight witnesses in this case to prove its case against accused. Thereafter, statement of accused U/s 313 Cr.PC also recorded, wherein accused claimed that scooter was found in possession of Rajpal, who was running a Dhaba in front of Kotwali police FIR No. 226/99 Page No. 2 of 6 station and he was called by Rajpal at his Uttam Nagar residence. Accused did not lead any defence evidence in course of trial. Thereafter, Ld. APP and Ld. Defence counsel make oral submission on behalf of respective parties.
2. I have heard rival submissions of both sides dispassionately and also gone through the testimony of prosecution witnesses and material on the record of the case. Now, the question to be decided by the court is whether the prosecution has proved the fact in issue i.e accused was found in possession with stolen scooter of said description.
3. From the testimony of PW-02 HC Hukum Chand, it is clear that one scooter without number plate was impounded at ITO on 01.04.1999 at about 1:40 p.m and driver was challaned vide challan no.735701 Ex.PW1/A.
4. From the testimony of PW-03 HC Mool Chand, it is further clear that on 01.04.1999 one scooter having defective number plate was impounded by the Traffic police of Darya Ganj circle and it was deposited in the circle office vide DD No.27 dated 01.04.1999, Ex.PW3/A. PW-03 testified that on 23.04.1999 the said impounded scooter was found stolen, when impounded vehicles were checked at 7:30 A.M. PW-3 clarified that the scooter was make of LML Vespa and it was not having number. PW-3 also testified that he prepared complaint Ex.PW1/A and same has been endorsed by Traffic Inspector Sanjeev Kumar (PW-01) vide endorsement Ex.PW1/B.
5. PW-04 (ASI Rishipal) testified regarding receiving of Tehrir from HC Mool Chand at 4:50 pm on 23.04.1999 as DO of PS : Kotwali and subsequent registration of FIR No. 266/99 at PS : Kotwali.
6. PW-06 HC Pradeep Kumar testified that on 25.04.1999, at about FIR No. 226/99 Page No. 3 of 6 6:00 p.m one two wheeler without number plate was stopped at Main Najafgarh Road, Uttam Nagar Terminal and accused was driving the same. PW-06 further testified that accused did not show any supporting documents qua scooter to checking police staffs and accompanying police officer ASI Dal Chand prepared rukka in that respect and an FIR has been registered at PS : Uttam Nagar. He also testified that ASI Dal | Chand arrested accused and seized scooter vide memos Ex.PW6/A and Ex.PW6/B respectively bearing his signatures at points "A".
7. PW-08 ASI Dharmbir Singh testified that on 26.04.1999, he received DD no.4A regarding fact as to accused Babloo Singh had been apprehended with the said scooter by the police official of PS : Uttam Nagar and he was formally arrested and interrogated with the permission of the concerned court on 26.04.1999 itself. PW-08 also stated that he received relevant documents from ASI Dal Chand and also received case property i.e scooter from Uttam Nagar vide road certificate Ex.PW8/E.
8. During cross-examination of PW-06, it was suggested by the defence that scooter was driven by some Rajpal, who was running a Dhaba near PS : Kotwali and accused Babloo was working with Traffic Police on Crane Duty. It was also suggested during cross-examination of PW-6 by defence that the said Rajpal, who is also an accused in another case bearing FIR No.231/1999 of PS : Kotwali, in connivance with police official concerned ran away with vehicle in question for his resident at Uttam Nagar.
Accused in his statement 313 Cr.PC stated that the scooter was found in possession of Rajpal and he was called by Rajpal at his residence at Uttam Nagar. However, accused did not lead any evidence except self-serving statement for proving his plea and special knowledge FIR No. 226/99 Page No. 4 of 6 qua Rajpal with scooter. In these circumstances, the presence of accused Babloo Singh with scooter at Uttam Nagar in question can be ruled out absolutely.
9. From careful perusal of testimony of prosecution witnesses including eye witness, it stands proved that scooter in question without number plate had been impounded by the traffic officials and owner had been challaned on 01.04.1999. It also stands proved from the testimony of PW-3 that Scooter has been deposited in the circle office of Daryaganj and on 23.04.1999 impounded scooter was found stolen from there and MHC (M) (PW-03) made complaint to PS : Kotwali in that respect. It further proved from the testimony of PW-06 that on 25.04.1999 at about 6 pm the said scooter without number plate was being driven by the accused Babloo Singh and he did not show any documents of the scooter to the checking police officials at Main Najafgarh Road, Uttam Nagar Terminal. It is also proved from the testimony of PW-06 that FIR has been registered at PS : Uttam Nagar and IO ASI Dalchand arrested accused Babloo Singh and seized scooter. From the testimony of PW-08 SI Dharmbir Singh, it is clear that accused was produced before the court dealing with PS : Uttam Nagar and IO of the case had interrogated accused Babloo Singh and formally arrested him with permission of court concerned and also received relevant documents and scooter from SI Dalchand.
The testimony of the said prosecution witnesses can not be considered as untrustworthy only because they happens to be police officials. Some of prosecution witnesses/police officials are natural eye witnesses at the spot, while discharging their official duty and their testimony should not be viewed with suspicion unless accused lead any FIR No. 226/99 Page No. 5 of 6 material contrary to the same. Police official of Uttam Nagar while checking vehicles at main Najafgarh Road, Uttam Nagar Terminal would not have falsely implicated accused with stolen scooter in question after registration of separate case apart from this case under adjudication. Moreover, acccused himself admitted that he was at Uttam Nagar because he was allegedly called by another person namely Rajpal.
10. In view of the said discussion, court is of the considered view that it was proved by the prosecution that accused Babloo Singh was found at the spot with the stolen scooter without any lawful justification for the same. Accordingly, accused is convicted for the offence Us 411 IPC.
Announced in the open court (Rakesh Kumar Rampuri)
on 07.05.2016 MM-08 (Central) THC/Central
FIR No. 226/99 Page No. 6 of 6