Delhi District Court
State vs . Rinku & Ors. on 27 August, 2013
IN THE COURT OF Ms. CHETNA SINGH:MM-02(SOUTH DISTRICT)
SAKET COURTS COMPLEX, NEW DELHI
STATE Vs. Rinku & Ors.
FIR No.187/03
U/s : 380 IPC r/w section 511/34 IPC
P.S. : Malviya Nagar
Date of institution of case : 05.04.2003
Date on which case reserved for judgment : 27.08.2013
Date of judgment : 27.08.2013
JUDGMENT
1.FIR No. of the case : 187/03 2.Date of the Commission : 08.03.2003 of the offence
3.Name of the accused : 1. Rinku s/o Sh. Het Ram r/o shop
: no. 18, Center market, Mukesh Ka
: Tent, Dakshinpuri, New Delhi.
: 2. Mahesh s/o Sh. Kandai r/o H. No.
: 6/471, block no. 6, Dakshinpuri, New
: Delhi.
: 3. Binesh s/o Sh. Kali Charan r/o H.
: No. 6/471, block no. 6, Dakshinpuri,
: New Delhi.
: 4. Rajesh s/o Nankau r/o shop no. 18,
: Center market, Mukesh Ka Tent,
: Dakshinpuri, New Delhi (PO).
State Vs Rinku & Ors. FIR No. 187/03 1/4
4.Name of the complainant : Sh. Rajender Singh s/o Sh. Gangtu
: Singh r/o Gurudwara Guru Singh
: Sabha, Pushp Vihar, New Delhi.
5.Offence complained of : 380 IPC r/w section 511/34 IPC
6.Plea of accused : Pleaded not guilty
7.Final order : Acquitted
BRIEF FACTS
1. The story of the prosecution is that on 08.03.03 in between 1.30am to 2.00am at Gurudwara, Gurshing Shaba, Pushp Vihar, Malviya Nagar, New Delhi, within the jurisdiction of PS Malviya Nagar, accused Rinku along with co-accused Mahesh and Binesh made an attempt to enter into aforesaid premises of which the complainant was incharge by trying to break the lock and furtherance of your common intention and thereby committed an offence punishable u/s 380 IPC r/w section 511/34 IPC.
2. On the basis of the said allegations and on the basis of the complaint of the complainant namely Rajender Singh, an FIR bearing number 187/03 under section 380 IPC r/w section 511/34 IPC was lodged at Police Station Malviya Nagar.
3. After investigation, charge-sheet under section 173 Cr.P.C was filed on 05.04.2003.
4. On the basis of the charge-sheet, a charge for the offence punishable under section 380 IPC r/w section 511 IPC was framed against the accused persons Rinku, Mahesh and Binesh and read out to the said accused persons, to which they pleaded not guilty and claimed trial on 12.04.2012.
State Vs Rinku & Ors. FIR No. 187/03 2/45. To prove its case, prosecution examined the following witnesses:
Appreciation of Evidence
6. PW-1 HC Rang Rao who is a formal witness was examined on 11.09.2012 and proved the FIR of PS Ambedkar Nagar vide Ex. PW-1/A on the basis of rukka.
7. This witness was not cross examined by the accused despite opportunity given.
8. Apart from this witness no other witness was examined by the prosecution despite repeated opportunities given and hence, PE was ordered to be closed on 25.07.2013. The statement of accused persons under section 313 r/w section 281 Cr.P.C was recorded on 27.08.2013 in which they do not want to lead defence evidence.
9. Final arguments were advanced by Counsel for accused persons and Ld. APP for the state. Heard.
Reasons for Decision
10. Prosecution has examined only one witness being police official namely HC Rang Rao in the present matter. Summons upon the complainant namely Rajender Singh being the material eye witness received back unexecuted through the office of the DCP with the report that he was not traceable. Hence, no purpose would have been served in examining remaining witnesses. Thus, there is nothing on record to bring on the guilt of the accused u/s 380 IPC r/w section 511/34 IPC.
11. Hence, no grounds are found to hold the accused persons guilty of the offence as charged. The accused persons namely Rinku, State Vs Rinku & Ors. FIR No. 187/03 3/4 Mahesh and Binesh are hereby acquitted of the offence charged u/s 380 IPC r/w section 511/34 IPC.
Previous bail bond in compliance of section 437-A Cr.P.C. to remain in force for a period of 6 month from today. File be consigned to record room.
Announced in the Court
on 27.08.2013 (CHETNA SINGH)
MM-02(SD)/27.08.2013
Certified that this judgment contains 4 pages and each page bears my signatures.
(CHETNA SINGH) MM-02(SD)/27.08.2013 State Vs Rinku & Ors. FIR No. 187/03 4/4