Delhi District Court
Fir No. 507/2006 State vs Firoz U/S 379/411/34 Ipc on 18 November, 2010
FIR No. 507/2006 State Vs Firoz U/s 379/411/34 IPC IN THE COURT OF MS KIRAN BANSAL ADDL. CHIEF METROPOLITAN MAGISTRATE I: EAST DISTT. KARKARADOOMA COURTS :NEW DELHI State v/s Firoz etc. PS: Anand Vihar FIR No:507/06 U/s: 379/411/34 IPC JUDGMENT
a) Sr number of the case : 14/07
b) Date of commission of offence : 27.09.2006
c) Name of complainant , if any : Aman Chawla S/o Sh. S.K.Chawla.
R/o 43, Vigyan Vihar, Delhi.
d) Name & address of accused : Firoz s/o Kamruddin r/o B59, Brij Vihar, Ghaziabad, U.P. Nitin Singh s/o Heera Singh r/o B470, Brij Vihar, Ghaziabad, U.P
e) The offence complained of : U/s 379/411/34 IPC.
f) The plea of accused : Pleaded not guilty
g) Final order : Acquitted
h) The date of such order : 18.11.2010 FIR No. 507/2006 State Vs Firoz U/s 379/411/34 IPC (2).
BRIEF STATEMENT OF THE REASONS FOR THE DECISION:
1. The prosecution case is that on 27.09.2006 at 11.45 am at Yojana Vihar Society Park, near Vigyan Vihar within the jurisdiction of PS Anand Vihar accused persons Firoz and Nitin committed theft of mobile phone of Sh. Aman Chawla and thereby committed offences punishable u/s 379/34 IPC.
2. On the complaint of complainant Sh.Nitin Chawla, the FIR was registered for the offence U/s 379/ 34 IPC against the accused person. After completion of the investigation challan was prepared and filed in the Court. Subsequent to the filing of the challan, cognizance was taken and the accused persons Firoz and Nitin were summoned and the accused persons Firoz and Nitin put their appearance before the Court, copies were supplied to them.
3. After perusal of the challan U/s 173 Cr. P. C, the charge for the offence U/s 379/34 IPC was framed against the accused on 28.01.2008, to which the accused persons Firoz and Nitin pleaded not guilty and claimed trial, hence the matter was thereafter listed for PE.
4. PW1, Aman Chawla deposed that he do not know as to who had taken his mobile phone and how the same was misplaced from his pocket. He even failed to identify the accused persons as the same persons who had taken his mobile phone. He was declared hostile and was even cross examined by the Ld. Ld. APP for the State. He denied that accused persons were caught with his stolen mobile. He further stated that police had obtained his signatures on certain blank papers and even denied the incident of theft. No purpose shall be served, in examination of the remaining witnesses who are formal in nature FIR No. 507/2006 State Vs Firoz U/s 379/411/34 IPC (3).
and who would only depose regarding their respective role in the investigation. No purpose shall be served in examining the witnesses in view of the fact that the complainant itself has not supported the case of the prosecution and thus PE is closed. As nothing incriminating has come on record against accused persons, statement of accused persons stands dispensed with.
5. I have heard the submission of Ld. Substitute APP for the State and the accused persons Firoz and Nitin . I have also carefully perused the record. The court has carefully examined the entire material available on record including the testimony of the PW recorded before the Court.
6. Perused the entire record. Complainant who is the stack witness and the backbone of the prosecution case, himself has not supported the case of prosecution. In view of the cardinal principle of law that prosecution must prove the guilt of the accused beyond reasonable doubts and every benefit of doubt must be given to the accused persons , hence, the accused persons are entitled to every benefit arising out of lacuna's in the prosecution case. hence, in view of the totality of the facts and circumstances, the accused persons Firoz and Nitin acquitted for the offence U/s 379/34 IPC. Bail Bond stands canceled, surety bond stands discharged. Endorsement, if any, made on any document be canceled and documents, if any, seized or deposed be released on proper receipt and identification. File be consigned to record room.
Announced in the open court. (KIRAN BANSAL) Today i.e on 18.11.2010 ADDL. CHIEF METROPOLITAN MAGISTRATEI EAST/KARKARDOOMA CORTS DELHI FIR No. 507/2006 State Vs Firoz U/s 379/411/34 IPC State Vs Firoz PS: Ananad Vihar FIR No:507/06 U/s: 379/411/34 IPC 18.11.2010 Present: Ld. Substitute APP for the State.
Accused Firoz on bail.
Accused Nitin not present.
An application moved on behalf of accused Nitin that he is in Dasna Jail. Exemption allowed for today only.
No purpose shall be served, in examination of the remaining witnesses who are formal in nature and who would only depose regarding their respective role in the investigation.
PE is hereby closed.
As nothing incriminating has come on record against accused persons, statements of both accused persons stands dispensed with. Vide separate judgment dictated and announced in the court today, both accused persons stands acquitted for the offence U/s 379/411 IPC. Bail Bond stands canceled, surety bond stands discharged. Endorsement, if any, made on any document be canceled and documents, if any, seized or deposited be released on proper receipt and identification. File be consigned to record room.
(KIRAN BANSAL) ADDL.CHIEFMETROPOLITAN MAGISTRATE I:
EAST/KARKARDOOMA COURTS /DELHI. 18.11.2010