Delhi District Court
Sc No: 529/19 State vs . Tarun Bajaj & Others on 23 November, 2022
SC No: 529/19 State Vs. Tarun Bajaj & Others
IN THE COURT OF SH. GAUTAM MANAN
ADDITIONAL SESSIONS JUDGE-02
SOUTH-WEST, DWARKA COURTS, DELHI
In the matter of:-
SC No. 529/2019
CNR No. DLSW01-008224-2019
FIR No. 396/2017
Police Station Janak Puri
Under Section 395/412/34 IPC
State
Versus
1. Tarun Bajaj
S/o Sh. Rajesh Bajaj
R/o House No. E-5, Om Vihar
Uttam Nagar, New Delhi
2. Kuldeep Sharma
S/o Sh. Bhram Dutt
R/o House No. WZ-64, Om Vihar Phase-2
Uttam Nagar, New Delhi
3. Tanuj Kharbanda
S/o Sh. Raj Kr. Kharbanda
R/o House No. E-61, Nanne Park
Matiyala, Uttam Nagar, New Delhi
Judgment Page No. 1 of 9
SC No: 529/19 State Vs. Tarun Bajaj & Others
4. Yash Bakaya
S/o Sh. Raju Bakaya
R/o House No. 39, 2nd Floor
4 Story Tagore Garden, New Delhi
5. Harsh Anand
S/o Sh. Vijay Kumar
R/o House No. RZ-77, Manas Kunj
Uttam Nagar, New Delhi. ... Accused persons
Date of institution 10.07.2019
Judgment reserved on 23.11.2022
Judgment Pronounced on 23.11.2022
Decision Acquitted
JUDGMENT
1. Accused persons are facing trial on allegations of committing robbery.
2. FIR in question was registered U/s 392/34 IPC on the statement of complainant Ashish Rao dated 08.09.2017. English translation of his complaint reads as under: -
Judgment Page No. 2 of 9SC No: 529/19 State Vs. Tarun Bajaj & Others "... that I live with my family at the above address on rent and running website promotion's office M/s Web Mart India, 212-A, Vishal Tower, District Centre, Janak Puri. On 07.09.2017, at about 9.45 pm, I left the office along with my partners Akash S/o Sh. Biresh Singh R/o 4-149, Gali No. 3, Laxmi Nagar, New Delhi, and Kamal Saini S/o Sh. Ved Prakash R/o RZF-9/8, Gali No. 21, Sadh Nagar Part-1, Palam Colony, New Delhi. After this, I called my wife for money and she said that she would meet at the corner of Piccadilly Hotel. After that, all three of us went to the corner of Piccadilly Hotel, where my wife Kajal came in an auto and gave me Rs.50,000/-. After that, she left for home in an Auto. After that, we proceeded to take scooty of my partner Kamal Saini parked in service road in front of West End Mall and when we reached near the stairs of foot over bridge, a boy came from behind and asked us why we abused him? On this, I said that we have not abused him and we are talking amongst ourselves. Then, when the said boy pushed me, I also pushed him back. Thereafter, he called three more boys by calling. After this, all four of them together started fighting with us. Thereafter, my partner Kamal Saini escaped from them and ran towards BTW via service road but those boys caught me and Akash and started beating us. When I took out my mobile phone to call 100 number, then one of them snatched my mobile phone make Samsung Note Edge black color no. 8851048220 from my hand. Thereafter, those boys snatched my gold chain and my purse containing my Aadhar card and cash Rs.50,000/-. They also snatched gold chain of Judgment Page No. 3 of 9 SC No: 529/19 State Vs. Tarun Bajaj & Others my partner Akash from his neck. Thereafter, they all four ran on two Activa scooty towards Uttam Nagar Chowk. The above mentioned four unknown boys have looted us after fighting whom I can recognize on coming in front of me. After this, I called 100 number from mobile phone of my partner Kamal Saini. Out of those two scooty, one of the scooty was Activa white colour and its registration number was 2987. You have got medically treated us in DDU Hospital. We used liquor while sitting in our office which the doctor has mentioned in MLC. Please search those four unknown boys and appropriate legal action be taken against them..."
3. During investigations of the case, statement of witnesses were recorded. Accused persons were arrested. Their disclosure statement were recorded. On the basis of investigation, accused persons were charge-sheeted under section 395/412/34 IPC.
4. On 15.02.2021, charges u/s 395/412 IPC were framed against accused persons to which they pleaded not guilty.
5. To prove its case, prosecution examined 3 witnesses. PW1 Ashish Rao deposed that he was running his own office at 212-A, Vishal Tower, District Centre, Janakpuri, New Delhi. On 07.09.2017, at about 9.00-10.00 pm, he left his Judgment Page No. 4 of 9 SC No: 529/19 State Vs. Tarun Bajaj & Others office along with his two partners namely Aakash Singh and Kamal Saini. While they were going to take his scooty from parking of West End Mall, District Centre, Janak Puri. When they reached they saw two persons were on their scooty and were blocking our way. When complainant asked them to give way, those persons refused. Thereupon, an altercation took place between complainant, his partners and those two persons. Complainant deposed that one of them pushed him. Consequently, his partners also pushed them and then a quarrel took place between them.
6. PW1 also deposed that during quarrel, one of his partner Kamal Saini left from the spot for reporting the matter to police at nearby police booth. Persons who were on scooty caused injuries to him and his partner Aakash. PW1 also deposed that during quarrel, while he was trying to contact police by his mobile phone, mobile phone fell down and after sometime, police came there.
7. PW1 further deposed that he was taken to PS Janak Puri, from where some query were made from him by police and his signatures were obtained on some blank papers. PW1 Judgment Page No. 5 of 9 SC No: 529/19 State Vs. Tarun Bajaj & Others did not identify assailants in the Court. PW1 did not support case of the prosecution as appearing in his statement and hence he was declared a hostile witness.
8. PW1 was cross-examined by Ld. Additional PP for State at length but he denied that accused persons inflicted injuries to him or they robbed him of his mobile phone, a gold chain and Rs. 50,000/- in cash. No incriminating material could be elucidated from his testimony in his cross- examination.
9. PW2 Akash deposed that on 07.09.2017 at about 09:45 PM, he along with his partners Ashish Rao and Kamal Saini were leaving the office. Ashish requested his wife to come there and give some money to him. PW2 noticed that Kajal, wife of Ashish, came in an auto and handed over Rs.50,000/- to him and then she left. PW2 further deposed that thereafter, near scooty parking, West End Mall on a foot over bridge, a scuffle took place between Ashish Rao and some passersby. That passerby called his associates. When PW2 and his partners intervened, it turned in to a fight and later on, somebody informed to the police.
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10. PW2 and his partners were taken to DDU Hospital. PW2 deposed that he cannot identify those persons with whom they had fight as it was dark and place was not well lit. PW2 did not support prosecution version and declared a hostile witness. PW2 was cross-examined by Ld. Additional PP for State but no incriminating material could be elucidated from his testimony.
11. PW3 Kamal Saini deposed on the similar lines of PW2 Akash in respect of the incident. PW3 was also declared a hostile witness. PW3 was cross-examined by Ld. Additional PP for State but no incriminating material could be elucidated from his testimony also.
12. None of witnesses deposed against the accused persons nor there is any other material came on record to link the accused persons with the alleged act. Since material witnesses PW1, 2 & 3 did not support the case of prosecution on material aspects and deposed nothing incriminating against accused persons, prosecution evidence was ordered to be closed.
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13. As no incriminating evidence came on record against accused persons, recording of statement U/s 313 CrPC of accused persons was dispensed with.
14. I have heard State through Sh. Shiv Kumar, Ld. Additional PP (substitute) for State and Sh. Dinesh Mudgil, Ld. defense counsel. I have also perused entire material on record.
15. It is not disputed that PW1 is complainant and victim as per prosecution story. PW2 & PW3 are cited as eye witness. All prosecution witnesses have not supported case of the prosecution. It is observed that witnesses have deposed nothing incriminating against the accused persons. They specifically deposed that accused persons did not snatch anything from complainant or PW2 nor any injury was inflicted upon them by accused persons. Witnesses did not identify accused persons as the assailants.
16. In the light of testimonies of material witnesses which is exonerating accused persons, it is held that prosecution has failed to establish charges against the accused persons.
Judgment Page No. 8 of 9SC No: 529/19 State Vs. Tarun Bajaj & Others Accordingly, accused persons Tarun Bajaj, Kuldeep Sharma, Tanuj Kharbanda, Yash Bakaya and Harsh Anand stands acquitted. Their personal bonds are canceled and surety are discharged. Documents, if any, be returned to the surety. In terms of Section 437(A) CrPC accused persons are directed to furnish personal and surety bond in the sum of Rs.10,000/- each for period of six months. File be consigned to record room.
Announced in the open Court on 23rd day of November 2022.
GAUTAM MANAN Additional Sessions Judge-02 South-West, Dwarka Courts, Delhi.
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