Delhi District Court
State vs . Shadab Etc. on 29 June, 2012
IN THE COURT OF SH. DEVENDER NAIN
METROPOLITAN MAGISTRATE: NORTH06, DELHI
FIR No. 113/2008
Case ID: R151590/2008
State Vs. Shadab etc.
PS Lahori Gate
U/s 457/380/411 IPC
Date of Institution of case : 01.09.2008
Date of Judgment : 29.06.2012
JUDGMENT:
a) Date of offence : Intervening night of
22/23.05.08
b) Offence complained of : U/s 457/380/411 IPC
c) Name of Accused, his :1) Shadab,
parentage & residence S/o Mohd. Shammi,
R/o 2510, Chhota
Chamanwara, Tilak
FIR No. 113/08 1 of 25
PS Lahori Gate
Bazaar, Delhi
2) Sajid,
S/o Shaukat Ali,
R/o 1332, Gali
Karkhanewali, Tilak
Bazaar, Delhi
d) Plea of Accused : Plead not guilty
e) Final order : Convicted
BRIEF FACTS AND REASONS FOR DECISION:
Case of the prosecution in brief is as follows:
1. That on the intervening night of 22/23.05.08 at shop No. 1566, Nayi Basti, SPM Marg, Delhi within the jurisdiction of PS Lahori Gate both of accused in furtherance of their common intention with each other committed the offence lurking house trespass in night by entering into the aforesaid shop belonging to complainant Ajay Kumar and committed theft of jewellery mentioned in the document mark A and FIR No. 113/08 2 of 25 PS Lahori Gate both accused thereby committed an offence punishble u/s 457/380/34 IPC.
Secondly, on 25.06.08 jewellery mentioned in document mark B were recovered from accused No. 2 retained, knowing or having the reason to believe that same are stolen property and therby committed the offence punishable u/s 411 IPC.
Further, on 08.07.08 jewellery mentioned in document mark C were recovered from accused No. 1 (Mohd. Shadab) and the same accused dishonestly received or retained, knowing or having the reason to believe that same are stolen property and thereby committed an offence punishable u/s 411 IPC.
2. Court took cognizance of the abovesaid offences and the notice against accused person was framed on 03.03.09 and a prima facie case was made out against the accused persons and charge was accordingly framed against accused for offence punishable u/s 457/380/411 IPC to which both accused pleaded not guilty and claimed trial.
3. To prove its case, prosecution has examined 15 witnesses.
FIR No. 113/08 3 of 25 PS Lahori Gate
4. PW1 is Sh. Ajay Kumar who deposed that he is a jeweller by profession and he is running his shop at 1566, Nayi Basti, S.P. Marg and on 23.05.08 when he reached at about 3.00 pm at his shop and on that day he had reached his shop late because he had to deposit property tax. He further deposed that he noticed that the kunda of his shutter's lock was broken and he immediately called his brother who runs shop nearby and thereafter PW1 pulled up the shutter and found that all the items kept in shop had been disturbed and theft had taken place and on checking he found that ear tops 45 pairs ranging from 35 grams, ladies ring 45 ranging from 37 grams, gents rings of 45 grams about 5 rings, necklace, nose pins, naths, one golden dali of 30 to 35 grams, ear rings and jhale belonging to his wife, these all items were of gold which were found stolen and some silver items were also found stolen these included 35 pairs of anklet, ladies and gents rings, necklace, kadas, 16 glasses ranging from 50 to 60 grams, 5 katories, Idols of God and Goddesses small and big 18 in number, thali, chutkies, mata ka chhattar, coins, birth stones, etc. also included old silver in the form of scrap. PW1 further deposed that they informed the police and local police reached at the spot and his statement Ex.PW1/A was recorded and police also prepared site plan Ex.PW1/B in his presence and also seized the broken lock and FIR No. 113/08 4 of 25 PS Lahori Gate kunda of his shop which were sealed but he cannot tell the seal impression and after about one month he was told that some of his articles have been recovered and he was called in the court of Sh. Raghuvir Singh for identification. PW1 further deposed that he had identified in the presence of Hon'ble MM one pair of tops, one pair of ear chain, 45 nose pins, ear rings one pair, these were of gold and some silver ornaments including one gents ring and one ladies ring and nose pins 2 or 3. He further deposed that during the investigation police had also collected from him rent receipt of the shop vide seizure memo Ex.PW1/C and the rent receipts are collectively Mark X. At the time of cross examination PW1 deposed that his statement was recorded at his shop on 23.05.08. he had not stated to the police any identification mark of the articles stolen from his shop. He admitted that he had not himself prepared any of the jewellery items and there is no specific mark on any of these jewellery items. The articles which they sell at shop used to purchase from Kucha Mahajan and also get some prepared from labourers. PW1 further deposed that the place from where he purchased jewellery items is open for sale to other people also and that the labourers who prepared his jewellery also prepare FIR No. 113/08 5 of 25 PS Lahori Gate jewellery for others and voluntarily stated that the jewellery bears some designs as per catalogue of his shop. PW1 further deposed that he had not handed over any such catalogue to the police and he had not brought it today as it was not summoned. He further deposed that the catalogue is not printed by him nor designed by him or at his instance. He denied the suggestion that he had seen Ex.P2 and Ex.P3 at PS before identifying it before Ld. MM. He further denied the suggestion that police had purchased Ex.P2 and Ex.P3 after taking money from him and after showing it to him so as to solve the case. He can identify his jewellery on seeing even if it is mixed with jewellery of similar design and specifications or manufactured by the same person and the criterion of his identification is basically the design. He had told police that he can identify his jewellery from its design.
5. PW2 is Sh. Rajesh Kumar who deposed that he is running a chemist shop at 1571, Nayi Basti and on 23.05.08 he had opened his shop as usual at 9.00 am and his brother namely Ajay who runs jewellery shop near his shop at 1566 came at about 1.00 or 2.00 pm and told him that the lock of his shop has been broken and theft had taken place and PW2 accompanied him to his shop and PW2 noticed that the FIR No. 113/08 6 of 25 PS Lahori Gate lock was broken and all the articles in the shop had been disturbed and he rang police and got the case registered.
6. PW3 is Sh. Prem Chand who deposed that his son Ajay runs a jewellery shop at Nayi Basti and in the month of May, 2008 a theft had taken place at his shop and he was at a nearby shop which belongs to his other son who runs chemist shop. He further deposed that his son Ajay came there and told that a theft had taken place at his shop and PW3 accompanied him there and noticed that articles had been stolen from the shop.
7. PW4 is HC Hukam Singh who deposed that on 23.05.08 he was posted at PS Lahori Gate as Duty Officer and who received a rukka from Const. Rohtash sent by ASI Jai Bhagwan and on the basis of same got registered present FIR.
8. PW5 is Const. Balbir who deposed that on 26.06.08 he was posted at PS Lahori Gate. He further deposed that along with ASI Jai Bhagwan and SI Ravi Prakash and Ct. Rohtash and accused Sajid they went to Faridabad to search of accused Mohd. Shadab and they found FIR No. 113/08 7 of 25 PS Lahori Gate house of accused Shadab locked and they enquired from the neighbours of accused Shadab and were informed that the house is locked for the last 45 days and thereafter they came back to PS Lahori Gate and his statement was recorded by the IO.
At the time of cross examination, PW5 deposed that his statement was recorded on 26.6.08 at PS Lahori Gate and they had informed the local police of Faridabad to join them and he do not remember whether IO had recorded statement of any witness at Faridabad or not. They remained at Faridabad for about one hour and they came back to PS in the evening on 26.6.08. He do not remember the exact time. PW5 denied the suggestion that IO had not recorded any other statement at PS. Statement of SI Ravi Prakash and Ct. Rohtash were recorded in his presence but he do not remember whether the statement of any other other person except these was recorded in his presence or not and he had not signed any document regarding this case.
9. PW6 is Const. Naresh Kumar who deposed that on 04.07.08 he was posted as Const. at PS Jama Masjid and on that day he had joined the investigation in case of FIR No. 48/08 PS Jama Masjid and during investigation disclosure statement of arrested accused Mohd. Shadab FIR No. 113/08 8 of 25 PS Lahori Gate was recorded by ASI Dharamvir and in the disclosure statement accused Shadab had disclosed that he alongwith Sajid had committed theft of jewellery from the House No. 1566, Nai Basti, SPM Marg, Delhi and IO Jai Bhagwan Singh of this case has recorded his statement in this case.
At the time of cross examination, PW6 deposed that accused made disclosure statement on 04.07.08 at about 1212.30 pm ion presence of ASI Dharamvir Singh and HC Surender and IO informed the SHO regarding the disclosure statement made by accused Shadab but PW6 do not know what talk was going on in between the IO and the SHO and he cannot say whether the IO made efforts to recover the stolen property as given statement in his disclosure statement.
10. PW7 is HC Surender Singh who deposed that on 04.07.08 he was posted at PS Jama Masjid as HC and on that day in the case FIR No. 48/08 accused Mohd. Shadab was arrested by ASI Dharamvir and during investigation ASI Dharamvir recorded disclosure statement of accused Mohd. Shadab in which accused Mohd. Shadab had disclosed his involvement in case FIR No. 113/08 PS Lahori Gate.
During cross examination, PW7 deposed that his statement was recorded in this case on 06.08.08 and again said 06.07.08. He FIR No. 113/08 9 of 25 PS Lahori Gate denied the suggestion that he is giving different dates as he is a false witness in this case and he had never joined the investigation in this case.
11. PW8 is ASI Dharamvir who deposed that on 04.07.08 he was posted at PS Jama Masjid as ASI and on that day in case FIR No. 48/08 PS Jama Masjid and he had arrested the accused Mohd. Shadab and during investigation he had disclosed his involvement in FIR No. 113/08 PS Lahori Gate and he had recorded disclosure statement of accused Shadab in presence of HC Surender and Const. Kuldeep and he had given this information to PS Lahori Gate on 06.07.08 by DD No. of which he do not remember today and IO ASI Jai Bhagwan had also recorded his statement u/s 161 CrPC.
During cross examination, PW8 deposed that he had arrested the accused from Meena Bazaar and 78 police officials were alongwith him when accused was arrested.
12. PW9 is ASI Sushila who deposed that on 23.05.08 while she was posted at PS Lahori Gate as Duty Officer at about 4.15 pm she received a message from PCR regarding theft at shop No. 1566, near FIR No. 113/08 10 of 25 PS Lahori Gate Novelty Cinema and she entered this information at serial No. 18A in the DD Register and the attested copy of the same is Ex.PW9/A and this information was sent to ASI Jai Bhagwan through telephone.
13. PW10 is SI Ravi Prakash who deposed that on 26.06.2008 while he was posted at PS Lahori Gate as SI he joined the investigation of the present case with IO ASI Jai Bhagwan and on that day he obtained one day PC remand of Accused Sajid from the Court and had gone in the search of coaccused Shadab in the area of PS SGM Nagar, Faridabad where house of the accused was found locked and IO ASI Jai Bhagwan Singh recorded his statement U/s 161 CrPC.
14. PW11 is HC Pritam Singh who deposed that he is posted at PS Lahori Gate as MHCM and have brought the summoned record, i.e., Register No. 19 of year 2008 and relevant entry to this case FIR is mentioned at serial No. 2470 dated 23.05.08, 2500 dated 25.06.08, 2522 dated 08.07.08.
15. PW12 is Sh. Raghubir Singh, Ld. ACMM who deposed that on 30.06.08 he was posted as MM, Tis Hazari Courts, Delhi and on FIR No. 113/08 11 of 25 PS Lahori Gate 27.06.08 an application to conduct TIP proceedings of case property has been marked to him by the concerned court and on the said application he fixed the date for TIP for 30.06.08 and on 30.06.08, ASI Jai Bhagwan produced one pulinda sealed with the seal of "JB" and after breaking this seal envelope was opened and jewellery articles were taken out and same were put on 06 places on the table before him and similar articles were brought out by the IO for the purpose of mixing them with the case property. PW12 further deposed that jewellery articles were mingled up with the case property in such a fashion so as to make six rows of the articles of different descriptions. He further deposed that the case property of each and every description had been mingled up with the rest of the property and thereafter complainant Ajay Kumar had been called inside the chamber who had been duly identified by the IO and signatures of complainant and counter signatures of IO for identification purpose were obtained and thereafter IO had been sent outside the chamber and complainant had been asked to identify the case property displayed at the table before PW12 and after careful inspection the entire property / articles displayed at the table, the complainant had duly and correctly identified each and every type of article of the case property by specifically pointing out and picking up the same distinctly and FIR No. 113/08 12 of 25 PS Lahori Gate thereafter complainant had been asked to leave the chamber and IO was called inside. PW12 further deposed that he made an observation on the proceedings of TIP that recovered case property had been identified by the complainant and IO identified the signature of complainant. PW12 further deposed that his detailed TIP proceedings is Ex.PW12/A and there are some corrections on the record and have been duly signed initially and the original proceedings alongwith application were put in sealed envelope and sent to concerned court and a copy was also supplied to IO on his request. PW12 further deposed that on 11.07.08 he was posted as MM, Tis Hazari Courts, Delhi and on 09.07.08, an application to conduct TIP proceedings of case property has been marked to him by the concerned court and on the said application he fixed the date for TIP for 11.07.08 and on 11.07.08, ASI Jai Bhagwan produced pulinda and after opening the pulinda 03 silver rings out of which two of them were of ladies and remaining one of gents were taken out and similar articles were brought out by the IO for the purpose of mixing them with the case property and IO had also brought the witness namely Ajay Kumar and IO identified the witness and he alongwith witness had been sent out of the chamber. PW12 further deposed that thereafter case property was mixed with the other similar silver rings FIR No. 113/08 13 of 25 PS Lahori Gate brought by the IO and the rings were lined up on the table in front of PW12 and the case property was at Sr. No. 6 from his left hand to right hand and thereafter the witness had been asked to identify the two ladies rings and one gents ring and he had correctly identified the case property. PW12 further deposed that his detailed TIP proceedings running in 02 pages is Ex.PW12/C and he made his observation on the proceedings of TIP that recovered case property had been identified by the complainant and the original proceedings alongwith application were put in sealed envelope and sent to the concerned court and a copy was also supplied to the IO on his request.
At the time of cross examination, PW12 deposed that he do not remember whether the concerned IO produced any sample seal in respect of the case property before him.
16. PW13 is HC Sunder Lal who deposed that on 23.05.08 he was posted as photographer at Mobile Crime Team North District and on receiving the message he alongwith other official of the crime team arrived at shop no. 1566, Nai Basti, SPM Marg, Lahori Gate where at the instruction he took five photographs of seen of crime and 05 photographs are collectively Ex. PW13/A and today he has also brought FIR No. 113/08 14 of 25 PS Lahori Gate the negative and the same are collectively Ex.PW13/B and IO recorded his statement U/s 161 CrPC.
At the time of cross examination, PW13 deposed that he do not know the exact time when the theft was took place in the alleged shop. He denied the suggestion that he had not taken any photographs of the seen of crime. He further deposed that he remained at the spot for about 01:20 minutes. He do not know who was the owner of the shop and further he do not know as to whether he was present or not at the spot. He further deposed that he has note it down the shop no. 1566 on his handwriting and that there was no sign board of the said Jewellers and there was no Municipal number written at the shop and that he had not taken any photographs to which indicate the shop belongs to the Ajay Kumar S/o Prem Chand Complainant in this case. PW13 further deposed that he had not taken the photographs of IO who was present at the spot and that he had not taken the photographs of any person who was present at the shop. He do not know what articles and jewelery were stolen from the shop.
17. PW14 is Const. Rohtash Kumar who deposed that on 23.05.08 he was posted at PS Lahori Gate as Const. and on that day on FIR No. 113/08 15 of 25 PS Lahori Gate receiving DD No. 18 A he alongwith ASI Jai Bhagwan arrived at Shop No. 1566 Nai Basti where they found that there was committed the theft after breaking the locks of the shutter of the abovesaid shop and IO prepared rukka and handed over same to PW14 for registration of the FIR and after registration of the FIR he again arrived at the shop and handed over the copy of FIR and original rukka to ASI Jai Bhagwan and Crime team was called at the spot and the broken locks and kunda after converting into pulinda and sealed with the seal of "JB" were taken into police possession vide memo Ex.PW14/A and on 25.06.08 on the secret information the accused Sajid was apprehended in the present case and from his possession six items of gold and silver after converting into pulinda and sealed with the seal of "JB" were recovered and same were taken into police possession. PW14 further deposed that accused Shadab was arrested from Tis Hazari Court vide memo Ex.PW14/C and his personal search was conducted vide memo Ex.PW14/D and during the police custody of the accused Shadab at his instance they arrived at Tilak Bazaar where from the bed of wood three rings of silver after converting into pulinda and sealed with the seal of "JB" were recovered and same were taken into police possession and disclosure statement of the accused Sajid is Ex.PW14/F and disclosure statement of the accused FIR No. 113/08 16 of 25 PS Lahori Gate Shadab is Ex.PW14/F. At the time of cross examination, PW14 deposed that they are two persons reached at the spot about 03.00 pm and he remained at the spot for one hour and they had conducted the paper work at the spot. He further deposed that accused Shadab was not arrested at the spot and accused Shadab was arrested after two months of the incident and no stolen articles were recovered from the accused Shadab at the time of his arrest. He further deposed that stolen articles were recovered from the house of accused Shadab and at the time of recovery of the articles PW14 alongwith ASI Jai Bhagwan were present at the place of recovery and accused Shadab had got recovered stolen articles from the bed. PW14 further deposed that he himself had taken out the articles from the bed and they had not joined the respectable persons of the society at the time of recovery from the home of the accused Shadab.
18. PW15 is SI Jai Bhagwan who deposed that on 23.05.08 he was posted at PS Lahori Gate as ASI and on that day on assigning DD No. 18A regarding theft he alongwith Const. Rohtash arrived at spot, i.e., shop No. 1366 and again said it was 1566 behind Novelty Cinema where he found the kunda of shutter of the shop was broken and FIR No. 113/08 17 of 25 PS Lahori Gate complainant Sh. Ajay Kumar was present at spot and narrated the facts of incident. He further deposed that he recorded his statement and made his endorsement and handed over same to Const. Rohtash for registration of FIR and during investigation PW15 prepared site plan at the instance of complainant and he got the spot inspected through Crime Team and took the broken lock and kunda of shutter in police possession and complainant told his 16 items stolen from his shop and further he told three more items stolen from his shop and details of same are mentioned in his statement. PW15 further deposed that during investigation on 25.06.08 on the information of secret informer he alongwith Const. Rohtash apprehended the accused Sajid and on the same day from his possession 06 sets of articles / ornaments (tops, rings and nose pin) out of which 04 are made of gold and two are made of silver and gold and the detailed descriptions are mentioned in the seizure memo which were converted into pulinda and sealed with the seal of "JB" and the same was taken into police possession and during police custody he disclosed that he alongwith his brotherinlaw namely Shadab has committed this theft and further told that remaining property was in possession of the another accused Shadab. PW15 further deposed that he got the PC of the accused Sajid and took him at Faridabad at the FIR No. 113/08 18 of 25 PS Lahori Gate house of the Shadab and raided at his house but Shadab was not found there and no case property was recovered from there and PW15 recorded the disclosure statement of accused Sajid and PW15 filed an application for TIP of the ornaments recovered from the accused Sajid which was marked for Sh. Raghubir Singh, MM, Delhi who fixed the date 30.06.08 for conducting the TIP and PW15 produced the case property in the sealed envelope and also produced the similar/identical articles for the purpose of mixing the case property before Hon'ble Court and after conducting TIP the proceeding, Hon'ble MM certified that complainant has correctly identified each and every type of the article and the report of the detailed TIP proceedings is already exhibited PW12/A. PW15 further deposed that on 06.07.08 vide DD No.11A from PS Jama Masjid an intimation was received with this effect that one accused person namely Shadab has been arrested in the FIR No.48/08 of PS Jama Masjid and during the investigation of that case, the accused has disclosed his involvement with his brotherinlaw in the present FIR No.113/08, PS Lahori Gate and with permission of the Court PW15 arrested the accused Shadab and conducted his personal search and on 08.07.08 he obtained one day PC remand of the accused Shadab and during police custody, he recorded his disclosure statement and in FIR No. 113/08 19 of 25 PS Lahori Gate pursuant of his disclosure statement and at his instance 03 silver rings out of which 02 of ladies and 01 of gents was recovered from his house which were kept beneath of the bed. PW15 further deposed that he converted the same into pulinda and sealed with the seal of "JB" and the same was kept in the police possession and he applied for TIP of the stolen property recovered from the possession of the accused Shadab which was marked to Sh. Raghubir Singh, MM who on 11.07.08 conducted the TIP and certified that complainant Ajay Kumar has correctly identified the case property and the detailed TIP Proceeding report is already exhibited PW12/C. PW15 further deposed that on 25.06.08 on the secret information the accused Sajid was apprehended in the present case near Sharma Hotel and from his possession six items of gold and silver after converting into pulinda and sealed with the seal of "JB" were recovered and same were taken into police possession and during investigation PW15 recorded the disclosure statement of accused Sajid and obtained one day PC remand of accused Sajid and made efforts to trace accused Shadab but he could not be traced and PW15 had prepared pointing out memo of the place of theft at the instance of accused Sajid and had conducted the house search of house of accused Shadab and during investigation complainant produced two receipt of FIR No. 113/08 20 of 25 PS Lahori Gate the rent and PW15 took same into police possession and the 05 photographs of the spot are collectively Ex.P4. PW15 further deposed that on 06.07.08 vide DD No. 11A from PS Jama Masjid an intimation regarding arrest of accused Shadab in case FIR No. 48/08 u/s 399/402/307/186/332/353 IPC and he disclosed his involvement in the present case and on this information, accused Shadab was formally arrested at Tis Hazari Court and his personal search was conducted and PW15 obtained one day PC remand of accused Shadab and during the police custody of the accused Shadab at his instance they arrived at Tilak Bazaar where from the bed of wood, three rings of silver (two ladies and one gents) after converting into pulinda and sealed with the seal of "JB" were recovered and same were taken into police possession and disclosure statement of the accused Shadab is Ex.PW14/F. PW15 further deposed that he got the TIP of case property conducted before Sh. Raghuvir Singh, MM in which complainant correctly identified the case property. PW15 recorded the statement of witnesses and after completion of the investigation he filed present chargesheet.
At the time of cross examination PW15 deposed that on 23.05.08 at about 3.00 pm he reached at the shop of the complainant and he remained there for about one hour and he interrogated the FIR No. 113/08 21 of 25 PS Lahori Gate complainant who revealed that he purchase the new and old silver and gold articles from the outside and he sold to the customers the same. PW15 do not remember whether he recorded the same fact at the time of recording the statement of witness u/s 161 CrPC. PW15 further deposed that complainant told that he had not maintained stock register of sale and purchase of the gold and silver ornaments. PW15 further deposed that the gold articles recovered from Sajid are old and used ornaments. He cannot tell the weight of the recovered gold ornaments recovered from Sajid. He had not mentioned in the statement of complainant that the old and used articles has been stolen by the culprits. He do not remember what was written and engraved on the lock. PW15 denied the suggestion that the recovered articles are belongs to the ladies of the accused persons. He further denied the suggestion that the recovered jewellery was wear by the ladies of the accused persons.
19. On 25.06.12, statement of accused persons was recorded and all the incriminating evidence was put to the accused persons u/s 313 CrPC in which accused persons denied all the allegations made against them and choose not to lead any defence evidence.
FIR No. 113/08 22 of 25 PS Lahori Gate
20. At the time of final arguments it is submitted by Ld. APP for the State that his case is proved beyond reasonable doubts and all the contents of the section are completed under which the present charge is framed and that recovery has been effected in the present case at the instance of accused persons and there is a uninterrupted testimony of all the PWs against the accused persons which is sufficient to prove the guilt of accused persons and hence, case is duly proved on behalf of the prosecution. In reply to this, it is argued by the counsel for accused it is deposed by PW1 that there was no specific mark on the jewellery nor it has been mentioned by PW1 from where he had purchased those allegedly recovered articles. Even there is no information in the stock register regarding the stolen articles.
21. I have given thoughtful consideration to the rival contentions made on behalf of both the sides, perused the judicial file very carefully. Prosecution has examined 15 witnesses to prove its case. PW1 Sh. Ajay Kumar who is the complainant himself deposed in detail against the accused persons. Even lock and broken kunda of shutter was also produced and duly identified by the witness. Stolen articles also produced and duly identified by the witness. Though it is FIR No. 113/08 23 of 25 PS Lahori Gate deposed at the time of cross examination that there is no specific mark on the jewellery items however all the articles mentioned in the report of theft were recovered identically from the possession of accused persons which creates reasonable doubts over the accused version. Merely bearing no specific marks does not mean that the accused persons got successful in creating dent over the prosecution version. PW2 and PW3 are formal witnesses. PW4 had taken the rukka from Const. Rohtash for registration of FIR. PW5 Const. Balbir deposed that his statement was recorded on 26.06.08. All the PWs deposed in the same lines against the accused persons and I found no substantial contradiction in their testimonies. PW13 is HC Sunder Lal who took the photographs of the scene of crime. Counsel for accused creates doubt over the version of PW13 as photographs showing shop number etc. had not been taken but in my opinion, there is no material weakness in the deposition of PW13 and the manner in which he took the photographs shows that he was not that much professional in taking photographs but those photographs cannot be thrown away merely for not bearing some particular details. 06 items of gold and silver were recovered from the possession of accused Sajid at his instance and 03 rings of silver were recovered at the instance of accused Shadab. In view of the abovementioned discussion, FIR No. 113/08 24 of 25 PS Lahori Gate all the testimonies of PWs produced on behalf of prosecution and prosecution properly and satisfactorily proved its case beyond reasonable doubt u/s 411 IPC and I sees no reason to give any benefit of doubt to accused persons. Ingredients of Section 457/380 IPC has not been proved. I hereby hold the accused persons liable for offence punishable u/s 411 IPC.
22. Now to come up for order on sentence on 30.06.12.
Announced in the Open Court (DEVENDER NAIN) on 29th day of June, 2012 MM(NORTH06):DELHI FIR No. 113/08 25 of 25 PS Lahori Gate