Delhi District Court
State vs . Rashid & Anr. on 12 March, 2009
DD No. 26/02
P.S.: Chandni Mahal
U/S: 103 D.P. Act
IN THE COURT OF SH. SIDHARTH MATHUR: METROPOLITAN
MAGISTRATE : CENTRAL - 02, DELHI
State Vs. Rashid & Anr.
DD No: 26/02
P.S. : Chandni Mahal
Date of institution of case : 11.07.2002
Date on which case reserved : 12.03.2009
for judgment
Date of judgment : 12.03.2009
JUDGMENT U/S 355
Cr.P.C
.:
a) Date of offence : 11.07.2002
b) Offence complained of : 103 D.P. Act.
c) Name of accused, his : Rashid S/o Sh. Gabru
parentage & residence R/o B31, DDA Flats, Turkman
Gate, Delhi.
Shahid S/o Abdul Hamid R/o
3036, Gali Sushila, Turkman
Gate, Delhi - 06.
d) Plea of accused persons : Guilty pleaded.
e) Final order : Accused are convicted.
12.03.2009 1 of 5 Pages
DD No. 26/02
P.S.: Chandni Mahal
U/S: 103 D.P. Act
BRIEF FACTS AND REASONS FOR DECISION:
1. This judgment of mine shall finally decide the criminal case pending against the accused in the form of DD No. 26/02, P.S. Chandni Mahal under Section 103 D.P. Act. The facts leading to the lodging of the present kalandra are on the lines that the accused persons, on 11.07.2002 at about 4.15 p.m. in the godown situated at 3036, Gali Sui Walan Turkman Gate, Delhi within the jurisdiction of P.S. Chandni Mahal, were found in possession 4 plastic katta of Gutkha Sachets, 3 bags containing Gutkha pouches, 3 sacks containing tea, one sack containing geometry box and one plastic bag containing various articles like motor cycle kits, plastic covers, break wires, sewing machine covers in their possession on the raid conducted by the police officers of the concerned P.S., in respect of whose possession the accused persons could not gave any satisfactory explanation, which goods were suspected to be stolen and henceforth, were booked under Section 103 D.P. Act.
After the arrest of the accused persons, the necessary formalities were completed and investigation was initiated. After the completion of investigation charge sheet under Section 103 D.P. Act Act was filed against the accused persons on 12.07.2002, whereafter the Ld. Predecessor of this court took cognizance of the offence under Section 103 D.P. Act against the accused persons and Section 207 Cr. P.C. was complied on the same day after releasing the accused persons on court bail. Thereafter on 18.10.2004, on the perusal of the challan and annexing documents, notice under Section 103 D.P. Act was framed against the accused persons to which the accused persons pleaded "Not Guilty" and claimed trial. However, during the course of proceedings in the court today, the accused persons have expressed their 12.03.2009 2 of 5 Pages DD No. 26/02 P.S.: Chandni Mahal U/S: 103 D.P. Act intention to plead guilty praying for a lenient view on the sentence which might be imparted by the court. The accused persons have been narrated about the consequences of pleading guilty, despite which, the accused persons are adamant to plead guilty. Henceforth, the plea of guilt of the accused persons wherein they have confessed their crime charged against them, has been recorded separately, which statement is accepted by the court since the same being voluntary and without any force, coercion or misconception whatsoever.
Since the accused persons have admitted their guilt by way of plea of guilt recorded separately, there is no need to delve on to proceed with the trial, which might be a unnecessary formality in the light of the confession made by the accused persons in the court. Henceforth, instead of proceeding with the trial, I shall proceed on to pronounce the fate of the accused persons in the light of the charge framed against them.
CONCLUSION Since the accused persons have admitted their crime and admitted the offence charged against them committed by them, the accused persons are convicted under Section 103 D.P. Act.
I have heard the accused persons on the point of sentence. The accused Rashid, as is clear from the record, had been in custody for a total period of 1 day in total. The accused Rashid appears to be a old man of around 60 years, who has submitted before the court he has been earning his bread & butter by working as a contractor. The accused Rashid further submits that he has to look after his wife, 5 12.03.2009 3 of 5 Pages DD No. 26/02 P.S.: Chandni Mahal U/S: 103 D.P. Act sons & their wives alongwith 8 grand children and further states that he is expressing remorse over his conduct in question, whereby the FIR was lodged against him and further submits that he shall never repeat any such activity in future. Keeping in view the age of the accused Rashid, his zeal to reform himself and the petty nature of the offence charged against the accused, the accused Rashid is sentenced to the period already undergone alongwith fine of Rs. 200/. The accused Rashid shall suffer S.I. of 2 days, in case he fails to deposit the fine. Fine deposited.
The accused Shahid, as is clear from the record, had been in custody for a total period of 1 day in total. The accused Shahid appears to be a young man of around 30 years, who has submitted before the court he has been earning his bread & butter by selling clothes. The accused Shahid further submits that he has to look after his wife, 2 sons & 1 daughter and further states that he is expressing remorse over his conduct in question, whereby the FIR was lodged against him and further submits that he shall never repeat any such activity in future. Keeping in view the age of the accused Shahid, his zeal to reform himself and the petty nature of the offence charged against the accused, the accused Shahid is sentenced to the period already undergone alongwith fine of Rs. 200/. The accused Shahid shall suffer S.I. of 2 days, in case he fails to deposit the fine. Fine deposited.
In view of the aforementioned order passed, the file be consigned to record room after due compliance. The B/B & S/B of the accused are discharged. The surety is also discharged. The original documents of the accused or surety, if any on record, be returned against receipt after canceling the endorsements, if any, thereupon, as and when so applied. The case property is directed to be destroyed as per rules. The jama talashi items, if any, of the accused are directed to be released by 12.03.2009 4 of 5 Pages DD No. 26/02 P.S.: Chandni Mahal U/S: 103 D.P. Act the concerned MHC (M) against acknowledgment. Copy of this judgment be given to the accused free of cost. Ordered accordingly.
Announced in the open court on 12.03.2009.
(SIDHARTH MATHUR) M.M. (CENTRAL - 02) DELHI 12.03.2009 5 of 5 Pages