Delhi District Court
State vs Naresh @ Voda on 19 September, 2015
FIR No.200/11 PS : Welcome
IN THE COURT OF SH. PULASTYA PRAMACHALA
ADDITIONAL SESSIONS JUDGE
SHAHDARA DISTRICT, KARKARDOOMA COURTS, DELHI.
Sessions Case No : 02/14
FIR No. : 200/11
Under Section : 392/397/120-B/411/34 IPC
Police Station : Welcome
Unique I.D. No. : 02402R0262372011
In the matter of :-
STATE
VERSUS
1. NARESH @ VODA
S/o. Sh. Jai Mal,
R/o.E-895, Gali No.2, Rana Pratap Marg,
Chhajupur, Shahdara, Delhi.
2. DANISH @ SONU
S/o. Sh. Khush Naseeb,
R/o.H.No.B-973, Kabir Nagar,
Gali No.5, Shahdara, Delhi.
3. USMAN
S/o. Sh. Kallan,
R/o. H.No.A-50, Kabutar Market,
Welcome, Delhi.
Permanent R/o.Village Sambhal,
Mohalla Jagat, District Sambhal, U.P.
4. ASIF @ LAMBU
S/o. Sh. Sabir Ali,
R/o. H.No.C-43, Mata Sundari Road,
Darya Ganj, Delhi.
(Pulastya Pramachala)
Page no. 1 of 17 ASJ (Shahdara)
Karkardooma Courts / Delhi
FIR No.200/11 PS : Welcome
5. YAWAR
S/o. Sh. Sadakat,
R/o. Jhuggi no.24, Inderlok,
Shahjada Bagh, Daya Basti, Delhi.
......Accused persons
Name and particulars of the : Sh. Praveen Gupta,
complainant S/o. Sh. Shiv Kumar Gupta,
R/o. 1/7564, Street No.9, East Gorakh
Park, Shahdara Delhi.
Date of Institution : 30.08.2011
Date of Committal : 03.10.2011
Date of receiving in this Court : 15.01.2014
Date of reserving judgment : 11.09.2015
Date of pronouncement : 19.09.2015
Decision : Acquitted.
(Section 437-A Cr.P.C complied with)
JUDGMENT
CASE SET UP BY THE PROSECUTION :-
1. Complainant Sh. Praveen Kumar was running his factory of paper glass at 5/48, Kabir Nagar, Shriya Mandir. On 26.05.2011 at about 07:30 pm, he was going back to his home at 1/7564, gali no. 9, East Gorakh Park, Shahdara, Delhi on his scooter bearing no. DL7S7445. When he reached near godown of Jindal soap, all of sudden three boys came in front of his scooter and stopped him. One of them caught hold of his hair and two of them stood near him with country made pistol in their hand. They took him away from the scooter. One boy remained beside the scooter. He took out one bag from the dickey of the scooter. That bag of cloth was containing Rs.2 lac and the amount was taken away by that boy. Remaining two boys took away mobile phone of the complainant having SIM no. 9871655803. The other boy took away (Pulastya Pramachala) Page no. 2 of 17 ASJ (Shahdara) Karkardooma Courts / Delhi FIR No.200/11 PS : Welcome gold ring from his finger and, thereafter, all three of them ran away.
Information of this incident was received in PS Welcome vide DD no. 78-B and SI Manoj Kumar reached the spot. The complainant met him and gave his statement, on the basis of which FIR was registered under Section 392/397/34 IPC. After registration of FIR, investigation was assigned to Insp. Man Mohan Kumar. During investigation on 05.06.2011, the information was received in PS Welcome vide DD no. 18-B from PS Karol Bagh that accused Danish and Usman were arrested in FIR no. 58/11 and 60/11 in PS Karol Bagh and they had disclosed their involvement in this incident along with co-accused Asif and Yawar. It was further disclosed by them that accused Naresh had furnished all information about the complainant, on the basis of which a conspiracy to rob the complainant was hatched by all the accused persons. IO arrested both accused persons. One country made pistol was also recovered from Danish by officials of PS Karol Bagh, which was disclosed to be used in this incident. IO recovered Rs.4,000/- from Shahanshah on the basis of disclosure statement of Danish. Danish had refused to participate in TIP. On the other hand, Usman also refused to participate in TIP. Usman had got recovered one old ring which was identified by complainant in the TIP of the same. Accused Asif and Yawar were also arrested later on and complainant identified Yawar in the TIP. All the accused persons were chargesheeted for offence under Section 392/397/411/34/120B IPC. CHARGES :-
2. On 05.01.2012, charges were framed against accused Naresh, Danish, Usman, Asif and Yawar for offences under Section 120-B IPC read with (Pulastya Pramachala) Page no. 3 of 17 ASJ (Shahdara) Karkardooma Courts / Delhi FIR No.200/11 PS : Welcome Section 392/397 IPC. Separate charges were framed against Danish, Usman, Asif and Yawar for offences under Section 392/397/34 IPC.
Charge for offence under Section 411 IPC was separately framed against accused Naresh, Danish and Usman, to which all accused persons pleaded not guilty and claimed trial.
3. It was alleged against all five accused persons that on 26.05.2011 or before, all of them hatched a criminal conspiracy to commit robbery and to use deadly weapon to rob complainant Praveen Gupta near Jindal Soap Godown, Kabir Nagar and thereby all of them committed offences punishable under Section 120-B IPC read with Section 392/397 IPC.
4. It was further alleged against accused Danish @ Sonu, Usman, Asif @ Lambu and Yawar that on 26.05.2011 at about 07:30 PM, near Jindal Soap Godown, Kabir Nagar, Delhi, all of them formed common intention to commit robbery and in furtherance of their common intention robbed cash Rs.2 lac, mobile phone make Nokia and gold ring on the point of country made pistol and while committing robbery they put complainant in fear of injury and thereby all of them committed offence punishable under Section 392/34 IPC. It was further alleged against them that on the aforesaid date, time and place, in furtherance of their common intention, all of them were armed with deadly weapons i.e. country made pistol while committing robbery and thereby all of them committed offence punishable under Section 397/34 IPC.
5. It was further alleged against accused Naresh @ Voda that on 05.06.2011, from H.No.E-895, Gali No.2, Rana Pratap Marg, Chajjupur, Babarpur, Delhi, he got recovered Rs.1,300/-, which was part of robbed (Pulastya Pramachala) Page no. 4 of 17 ASJ (Shahdara) Karkardooma Courts / Delhi FIR No.200/11 PS : Welcome money, robbed on 26.05.2011 from the possession of Praveen Gupta near Jindal Soap Godown, Kabir Nagar, Delhi and thereby he committed an offence punishable under Section 411 IPC.
6. It was further alleged against accused Danish @ Sonu that on 15.06.2011, from one Shahanshah, S/o. Sh. Babu Khan, R/o.B-756, Gali No.5, Kabir Nagar, Delhi, he got recovered Rs.4,000/-, which was given by him to clear loan taken by him, which was part of robbed money, robbed on 26.05.2011 from the possession of Praveen Gupta near Jindal Soap Godown, Kabir Nagar, Delhi and thereby he committed an offence punishable under Section 411 IPC.
7. It was further alleged against accused Usman that on 15.06.2011, at gali no.1, Kabir Nagar, Delhi, he was found in possession of gold ring, which was robbed on 26.05.2011 from the possession of Praveen Gupta near Jindal Soap Godown, Kabir Nagar, Delhi and thereby he committed an offence punishable under Section 411 IPC.
8. PROSECUTION EVIDENCE :-
Prosecution examined 16 witnesses in support of its case. Their particulars and role are as follows :-
PW Name of Role of witness Proved
No. Witness document/article
PW-1 Ct. Vinay He accompanied SI Manoj
Kumar Kumar to the spot in
compliance of DD No.78-B
dated 26.05.2011. He also
took rukka to the PS and got
registered the FIR in the
present case and handed over
copy of FIR and original rukka
to SI Manoj Kumar at the spot.
(Pulastya Pramachala)
Page no. 5 of 17 ASJ (Shahdara)
Karkardooma Courts / Delhi
FIR No.200/11 PS : Welcome
PW-2 Ct. Daya He accompanied Insp. Arrest memo of
Ram Dangi Manmohan Singh as driver Naresh @ Voda i.e.
(rider) of motorcycle and Ex.PW-2/A, personal
witness to arrest of Naresh @ search memo of
Voda. Naresh i.e.
Ex.PW-2/B,
confessional
statement of Naresh
i.e. Ex.PW-2/C and
seizure memo of Rs.
1,300/- from the
possession of Naresh
i.e. Ex.PW-2/D.
PW-3 Sh. Praveen Complainant/victim Statement Ex.PW-3/A,
Gupta seizure memo of
attendance sheet-
cum-salary slip of
Naresh i.e.
Ex.PW-3/B, TIP
proceedings of gold
ring i.e. Ex.PW-3/C,
photocopy of
attendance sheet-
cum-salary slip of
Naresh i.e.
Ex.PW-3/D, gold ring
i.e. Ex.PW-3/ Article-1
and TIP proceedings
of Yawar Khan i.e.
Ex.PW-3/E.
PW-4 ASI Karam Duty officer, who recorded Copy of FIR i.e.
Singh FIR. Ex.PW-4/A and
endorsement on rukka
Ex.PW-4/B.
PW-5 HC Shailesh He apprehended accused Disclosure statement
Kumar Danish with the help of Ct. of Danish i.e.
Neeraj in PS Karol Bagh. Ex.PW-5/A.
(Pulastya Pramachala)
Page no. 6 of 17 ASJ (Shahdara)
Karkardooma Courts / Delhi
FIR No.200/11 PS : Welcome
PW-6 W/ASI Duty officer at PS Karol Bagh Copy of FIR No.58/11
Neena Devi Ex.PW-6/A and copy
of FIR No.60/11 i.e.
Ex. PW-6/B.
PW-7 Ct. Neeraj Disclosure statement of
Kumar Danish was recorded in his
presence at PS Karol Bagh.
PW-8 Shahanshah He handed over Rs.4,000/- to Seizure memo of Rs.
the police. 4,000/- i.e.
Ex.PW-8/A.
PW-9 Sh. Gaurav The then ld. MM, who Application to conduct
Gupta conducted TIP of Usman and TIP of accused Usman
Danish @ Sonu, Asif as well and Danish @ Sonu as TIP of Gold ring. i.e. Ex.PW-9/A, TIP of Danish @ Sonu i.e. Ex.PW-9/B, TIP of Usman i.e. Ex.PW-9/C, application for supply copy of TIP i.e. Ex.PW-9/D, application to conduct TIP of gold ring i.e. Ex.PW -9/E, TIP of gold ring Ex.PW-9/F, application to conduct TIP of Asif Ali @ Lambu i.e. Ex.PW-9/G, TIP of Asif Ali i.e. Ex.PW-9/H, applications for supply of copy of proceedings of Asif Ali Ex.PW-9/I and Ex.PW-9/J. PW-10 HC Suresh He joined investigation with SI Copy of disclosure Kumar Yashpal and other staff of PS statement of Usman Karol Bagh. i.e. Ex.PW-10/A. (Pulastya Pramachala) Page no. 7 of 17 ASJ (Shahdara) Karkardooma Courts / Delhi FIR No.200/11 PS : Welcome PW-11 Ct. He also joined investigation Dharamveer with SI Yashap and other staff of PS Karol Bagh.
PW-12 Ct. Virender He joined investigation with IO Seizure memo of gold Singh during police custody of ring i.e. Ex.PW-12/A, accused Danish @ Sonu and arrest memo of Yawar Usman and during arrest of Khan i.e. Ex.PW-12/F, Yawar. personal search of accused Yawar Khan i.e. Ex.PW-12/G and Rs.4,000/- i.e. Ex.PW-12/Article-1.
PW-13 SI Insp. He was assigned DD No.78-B Attested copy of DD
Manoj at PS Welcome No.78-B i.e.
Kumar Ex.PW-13/A, rukka
Ex.PW-13/B and site
plan Ex.PW-13/C.
PW-14 Sh. Ashok He proved disclosure Copy of disclosure
Kumar statement of Usman in FIR no. statement of Usman
58/11 and of Danish in FIR No. i.e. Ex.PW-14/A
60/11, both of PS Karol Bagh. (already Ex.PW-10/A)
and disclosure
statement of Danish
i.e. Ex.PW-14/B
(already Ex.PW-5/A).
PW-14 Sh. Sonu The then MM, who conducted TIP of Yawar Khan is
Agnihotri TIP of Yawar Khan. already Ex.PW-3/E.
(Pulastya Pramachala)
Page no. 8 of 17 ASJ (Shahdara)
Karkardooma Courts / Delhi
FIR No.200/11 PS : Welcome
PW-15 Insp. Man IO of the case Arrest memo of
Mohan Usman i.e.
Kumar Ex.PW-15/A, arrest
memo of Danish i.e.
Ex.PW-15/B, arrest
memo of accused Asif
@ Lambu i.e.
Ex.PW-15/C, personal
search of Asif i.e.
Ex.PW-15/D,
disclosure statement
of Asif i.e.
Ex.PW-15/E,
supplementary
disclosure statement
of Yawar Khan i.e.
Ex.PW-15/G,
PW-16 SI Satender He joined investigation with
Singh
IO/Insp. Manmohan Singh.
PLEA OF ACCUSED UNDER SECTION 313 Cr.P.C. :-
9. For want of any incriminating evidence against accused Naresh @ Voda, his statement under Section 313 Cr.P.C was dispensed with vide order dated 21.08.2015. Accused Asif in his statement denied his involvement in the alleged incident of robbery against complainant/ PW-3. He pleaded that he was falsely implicated by the police officials in this case. Similarly, accused Usman, Danish and Yawar also denied their involvement in the alleged robbery. They also pleaded that they were falsely implicated in this case by police. Accused Yawar also pleaded that his photographs were already shown to the complainant before his TIP and therefore complainant had identified him during his TIP.
(Pulastya Pramachala) Page no. 9 of 17 ASJ (Shahdara) Karkardooma Courts / Delhi FIR No.200/11 PS : Welcome APPRECIATION OF EVIDENCE AND ARGUMENTS AS WELL AS FINDINGS :-
10. This is a case based on an incident of robbery on the point of deadly weapon i.e. country made pistol. PW-3/Praveen Gupta was the victim of this alleged incident of robbery. Prosecution did not produce any other eyewitness to this alleged robbery except PW-3. Thus, PW-3/Praveen Gupa is the sole star witness of the prosecution, in respect of charges under Section 392/397 IPC. Therefore, I would start my discussion of evidence with testimony of PW-3.
11. According to PW-3, on 26.05.2011 at about 07:30 pm, he was going to his home from his factory on his scooter bearing no. DL7S7445. When he reached near godown of Jindal soap, all of sudden four boys came in front of his scooter and therefore he stopped his scooter. Two of them made him to get down from his scooter and they held him with his hair. One of them removed his bag containing Rs.2 lac and keys of his factory from his scooter. One of them was having gun type weapon, but the witness was not very sure about type of weapon. Witness again deposed that it was katta (country made pistol). One of those boys removed gold ring from finger of left hand of this witness and another removed his Nokia mobile phone having SIM no. 9871655803. Thereafter, all of them ran away leaving this witness and scooter at that place. This witness called police at 100 number and local police as well as PCR reached there. IO/PW-13 recorded his statement i.e. Ex.PW-3/A and thereafter, an FIR was registered. Thereafter, this witness was taken to police station and he was shown photographs of (Pulastya Pramachala) Page no. 10 of 17 ASJ (Shahdara) Karkardooma Courts / Delhi FIR No.200/11 PS : Welcome several criminals so as to identify the robbers, but PW-3 could not identify any criminal from those photographs. Thereafter, he went back to his home. After around ten days, PW-3 received telephonic message that some criminals were arrested and he was called at police station to identify them. He reached police station and identified three accused namely Usman, Danish @ Sonu and Naresh @ Voda. He informed IO that these three accused persons had committed robbery and had robbed his articles. PW-3 identified these three accused persons in the court as well. In the presence of this witness, accused Usman and Sonu had told IO that they committed robbery on the basis of information given by accused Naresh, who was working as servant in the factory of PW-3. Thereafter, PW-3 went to Tihar Jail for TIP of accused Asif and Yawar. He identified Yawar in TIP. Though, Asif had refused to participate in TIP. He identified these two accused persons also in the court and deposed that these two accused had also committed robbery along with other three accused persons. He further clarified that accused Danish, Usman, Asif and Yawar were present at the time of robbery and his servant i.e. accused Naresh was not present there. He further deposed that none of the accused was arrested in his presence, though accused Naresh was called in Police Station Welcome in his presence and he was arrested there. He identified his signature on the arrest memo and personal search memo of accused Naresh. Accused Naresh was interrogated in his presence and had given his disclosure statement Ex.PW-2/C, which was also signed by this witness. Rs.50/- or Rs.100/- and Rs.1,300/- were also recovered from the possession of accused Naresh in his presence (Pulastya Pramachala) Page no. 11 of 17 ASJ (Shahdara) Karkardooma Courts / Delhi FIR No.200/11 PS : Welcome which was seized by IO. PW-3 had also identified his gold ring in TIP proceedings conducted by ld. MM. According to him, Rs.4,000/- was recovered from the possession of accused Danish in his presence at police station. He supplied copy of attendance sheet cum salary slip of accused Naresh to the IO. He identified his signatures on the TIP proceedings of the accused persons as well as of gold ring. He produced original attendance register pertaining to accused Naresh. He identified the gold ring produced by MHC(M) before the court as belonging to him. Though, he refused to identify the currency notes of Rs.5,350/- which were produced by MHC(M).
12. Contrary to his testimony given during his examination-in-chief, PW-3 in his cross-examination conducted by defence counsel deposed that at the time of alleged robbery, he was wearing helmet and it was dark. He admitted the suggestion that due to darkness, he could not see the accused persons properly. He also admitted the suggestion that accused persons had attacked on him from behind, therefore, he could not see them properly. He further admitted the suggestion that he had identified the accused persons in police station on asking of police officials and that before identifying Yawar Khan in TIP in Tihar Jail, IO had shown his photograph and he had identified Yawar Khan on that basis. He further admitted the suggestion that he could not identify the accused persons, who had committed robbery upon him. He also deposed that nothing was recovered in his presence except Rs.1,300/-.
13. In view of taking a U-turn by PW-3 in his cross-examination by defence counsel, he was cross-examined by ld. APP as well. He admitted that during his examination-in-chief he had identified the accused persons (Pulastya Pramachala) Page no. 12 of 17 ASJ (Shahdara) Karkardooma Courts / Delhi FIR No.200/11 PS : Welcome as the persons, who had committed robbery upon him. However, he added voluntarily that he identified them as suggested by police officials, who were present outside the Court. He admitted that he had given statement during examination-in-chief on oath, but denied the suggestion that he had identified the accused persons voluntarily. He further denied the suggestion that his examination-in-chief was the true and correct statement.
14. The above mentioned testimony of PW-3 has created a doubt in respect of identity of the accused persons as the persons, who had committed robbery upon the complainant/PW-3. On further analysis of material placed on the record, I find that, in his initial complaint Ex.PW-3/A, PW-3 had alleged that three persons had robbed him and had fled away from the spot and he had prayed for taking action against those three persons. Similar was the statement given by first IO i.e. PW-13/SI Manoj Kumar. According to PW-13, when he reached the place of incident and met the complainant, on inquiry made from the persons who were present there, it was revealed that three persons had stopped the scooter and had robbed the articles from the dickey of that scooter. Unfortunately, IO did not call the experts to lift the chance print from the dickey of scooter, which was allegedly opened by the robbers in order to take out the bag containing Rs.2 lac. Apart from this omission on the part of IO, the important aspect of the case is regarding the improvement made by PW-3 about the number of robbers. In his testimony before the Court, PW-3 alleged about involvement of four robbers and he in fact identified all accused except Naresh as those four robbers, who had stopped him with his scooter (Pulastya Pramachala) Page no. 13 of 17 ASJ (Shahdara) Karkardooma Courts / Delhi FIR No.200/11 PS : Welcome and had robbed. Therefore, it cannot be said that whatever was stated by PW-3 in his examination-in-chief, was in fact narration of true facts.
15. Apart from aforesaid grave discrepancy, the other example of contradiction in the case of prosecution and in the evidence of prosecution is reflected in respect of arrest and identification of accused Naresh, Usman and Danish as well as in respect of recovery of Rs.1,300/- from Naresh and Rs.4,000/- from Danish. PW-3 deposed that after about 10 days from 26.05.2011, he was called at police station and at that time he identified three accused namely Usman, Danish and Naresh in the police station. However, as per case projected by prosecution and testimony of IO/PW-15/Insp. Man Mohan Kumar, accused Usman and Danish were arrested five days after arrest of accused Naresh. PW-15 deposed that Naresh was arrested on 05.06.2011 from his house at the instance of complainant/PW-3. Apparently this statement of IO contradicts the statement of PW-3 regarding place of arrest of accused Naresh. Furthermore, IO/PW-15 deposed that accused Danish and Usman were formally arrested in this case on 10.06.2011, after their production from judicial custody in other case pertaining to PS Karol Bagh. Therefore, accused Usman, Danish and Naresh could not have been present together in police station for the purpose of their identification by PW-3 on same day. Such contradiction appearing in the testimony of PW-3 and IO, goes into the root of this case so as to shake the foundation of investigation part of the case.
16. PW-3 also represented that Rs.4,000/- was recovered from the possession of Danish in his presence in PS Welcome. On the other (Pulastya Pramachala) Page no. 14 of 17 ASJ (Shahdara) Karkardooma Courts / Delhi FIR No.200/11 PS : Welcome hand, IO/PW-15 deposed that he had taken accused Danish on police remand on 15.06.2011 and on that day Danish led him to the house of Shahanshah (PW-8), from where IO recovered Rs.4,000/-, which was allegedly given by Danish to Shahanshah from robbed amount. This whole scenario shows that an artificial story regarding arrest and recovery made by police were presented before the Court.
17. Another disturbing aspect of the case is that the prosecution did not have description of the currency notes, which were allegedly robbed from PW-3, still it was claimed that the amount of Rs.1,300/- allegedly recovered from accused Naresh and amount of Rs.4,000/- allegedly recovered from PW-8/Shahanshah at the instance of accused Danish, were part of robbed amount. More interestingly certain witnesses like PW-12/Ct. Virender Singh and PW-15/Insp. Man Mohan Kumar went on to identify the currency notes of Rs.1,300/- and Rs.4,000/-, which were produced by MHC(M) before the Court during their examination. I am surprised with their skill to remember the description of all currency notes, so as to be able to identify the same before the Court. But I am not ready to believe upon such skill of these witnesses. Such identification was done in mechanical manner and therefore, I do find that these witnesses did not hesitate in making artificial statement before the Court. It is sufficient to mention that none of these witnesses referred to any particular number of the currency notes.
18. There is another discrepancy regarding the alleged recovery of gold ring at the instance of accused Usman and Rs.4,000/- at the instance of accused Danish. As per case of prosecution, PW-12/Ct. Virender Singh had accompanied PW-15/IO during such recoveries. According (Pulastya Pramachala) Page no. 15 of 17 ASJ (Shahdara) Karkardooma Courts / Delhi FIR No.200/11 PS : Welcome to PW-12, on 14.06.2011 he along with PW-15 and accused Danish visited house of PW-8/Shahanshah, where IO had recovered Rs. 4,000/- from Shahanshah and thereafter, they came back to police station. Then this witness along with PW-15 and accused Usman went to Kabir Nagar, where accused Usman got recovered one gold ring from a rehri, which was parked in open public place. Thereafter, they again came back to police station. On the other hand, PW-15 deposed that on 15.06.2011, accused Usman led them to Kabir Nagar for recovery of gold ring. Thereafter, accused Danish led them to the house of PW-8/Shahanshah, where he recovered Rs.4,000/- and finally they all returned back to police station. Thus, there is contradiction in respect of the date of such recoveries as well as in the sequence of recoveries effected by the IO. In these circumstances, such recoveries cannot be assumed to be genuinely effected at the instance of accused persons.
DECISION :-
19. Thus, from the evidence on record, I find that there is no certainty regarding identification of accused Danish, Usman, Asif and Yawar as robbers, who allegedly robbed PW-3. I have already mentioned that no incriminating evidence was found against accused Naresh. The evidence produced by prosecution did not whisper about any conspiracy nor is there any material to show or to refer to existence of alleged conspiracy, except for disclosure statement of the accused persons. The disclosure statement of the accused persons are not admissible in evidence except for the purposes mentioned in Section 27 of Evidence Act and hence, on the basis of the same existence of a (Pulastya Pramachala) Page no. 16 of 17 ASJ (Shahdara) Karkardooma Courts / Delhi FIR No.200/11 PS : Welcome conspiracy cannot be assumed by the Court. In these circumstances, I find that the prosecution has miserably failed to prove the charges of Section 120-B or the charges of Section 392/397/34 IPC.
20. As far as charges under Section 411 IPC against accused Naresh, Danish and Usman are concerned, apart from a dubious and doubtful recovery proceedings, I find that there is no evidence to suggest that the amount of Rs.1,300/- and Rs.4,000/- were part of the robbed amount. The recovery of gold ring from a rehri parked in open public place in itself is a doubtful situation. There is no evidence to connect that rehri with accused Usman, so as to show that it was owned or possessed by Usman. Thus, on the basis of doubtful recovery proceedings and aforesaid reasons, I find that the charges under Section 411 IPC are also not proved.
21. From my findings recorded in this judgment, I find that PW-3 had made false statement regarding identification of accused Danish, Usman, Asif and Yawar as robbers, who allegedly robbed him. He himself admitted the suggestion that he had given false statement during his examination-in-chief. Therefore, it is well apparent that at least one of his statement given either during his examination-in-chief or given during his cross-examination is false.
22. In view of my foregoing discussions, all accused persons are acquitted of all the charges leveled against them.
Announced in the open court (PULASTYA PRAMACHALA)
today on 19.09.2015 Additional Sessions Judge (Shahdara),
(This judgment contains 17 pages) Karkardooma Courts, Delhi
(Pulastya Pramachala)
Page no. 17 of 17 ASJ (Shahdara)
Karkardooma Courts / Delhi