Delhi District Court
State vs . : Jasbir Kaur & Ors. on 25 April, 2023
IN THE COURT OF SHRI ROHIT GULIA, CMM (NORTH-WEST),
ROHINI DISTRICT COURTS, DELHI.
Case No. : 535160/16
FIR No. : 350/02
U/s. : 448/380/34 IPC
P.S. : Ashok Vihar
State Vs. : Jasbir Kaur & Ors.
JUDGMENT
1. Date of institution of the case : 03.07.2009
2. Date of the commission of the offence: 15.05.2002
3. Name of the accused : 1. Jasbir Kaur W/o Dharam Singh
2. Dharam Singh S/o Harbans Lal
3. Jitender Singh S/o Dharam Singh
All R/o A-16, Sawan Park, Harijan
Colony, Ph-II, Ashok Vihar, Delhi.
4. Daljeet Kaur S/o Sukhbir Singh
5. Sukhbir Singh S/o Harnam Singh
Both R/o C-26, Ram Dutt Enclave,
Uttam Nagar, Delhi (Abated 12.10.10).
4. Name of the complainant : Dilbagh Singh
5. Offence complained of : U/s 448/380/34 IPC
6. Plea of accused : Pleaded not guilty
7. Final order : Acquitted
8. Date of such order : 25.04.2023
BRIEF REASONS FOR DECISION :-
The story of the prosecution in brief is as under:-
1. The accused Jasbir Kaur, Dharam Singh, Jitender Singh, Daljeet Kaur and Sukhbir Singh have been sent to face trial under Section 448/380/34 IPC and on the allegations that on 15.05.2002 all the accused in furtherence of their common intention at H.No.A-16, Sawan Park, Harijan Colony, Ashok Vihar all the accused have committed house tresspass by entering into the house of complainant Sh. Dilbagh Singh unlawfully and committed the theft of currency FIR No.350/02 P.S. Ashok Vihar State Vs. Jasbir Kaur & Ors. Page No. 1 of 16 notes amounting to Rs.25,000/- from the Almirah lying there by breaking open the lock of the same and also thrown away the articles lying in the above said house and caused damage to costly articles like Refrigerator, Sofa Set, Dressing Table and other articles and on the basis of the said allegations, the present FIR U/s 448/380/34 IPC was registered at Police Station Ashok Vihar and notice was served upon the accused persons for the offences under Section 448/380/34 IPC.
2. After investigation, case was filed against the accused persons. The copies of case FIR were supplied to the accused persons in compliance of Section 207 Code of Criminal Procedure (hereinafter called as Cr.P.C.).
3. Subsequently, on 30.11.2006 after hearing Assistant Public Prosecutor (APP) and the accused persons, a formal charge was framed against all the accused persons whereby the accused were charged with the commission of offence punishable under section 448/380/427/34 IPC. The charge was read over and explained to all the accused persons to which they did not plead guilty and claimed trial.
4. The prosecution was thereafter given opportunity to prove the accusation against the accused and examined 7 witnesses out of 13 witnesses, as mentioned in the list of witnesses.
5. PW-1 is Amandeep Kaur @ Surender, who has deposed that she was married to Dilbagh Singh on 03/04/1996 and thereafter she started residing in her matrimonial home situated at 16-A, Sawan Park, Ashok Vihar, Delhi. Her FIR No.350/02 P.S. Ashok Vihar State Vs. Jasbir Kaur & Ors. Page No. 2 of 16 nand (sister-in-law) was residing in the same house since before her marriage. She has deposed that her mother in law alongwith other in laws shifted to other house in Sangam Vihar. She has deposed that on 16.06.99 her father-in-law Sh. Sucha Singh expired and her mother in law Jasbir Kaur started residing with them alongwith other in laws. Thereafter, her elder nand Daljeet Kaur, her husband Sukhbir Singh and her son Jaspal Singh started visiting their house, the said persons namely Jasbir Kaur, Sukhbir Singh, Daljeet Kaur and Jaspal Singh started harrasing her, they used to beat her and taunt her. She has further deposed that she alongwith her husband and two sons shifted to other house at B-26, Sawan Park, Ashok Vihar, Delhi in August 2001. She has deposed that she took only her stridhan to her new house and articles of her husband and elder son was lying in 16-A Sawan Park, Ashok Vihar, Delhi. Her husband alongwith her elder son started residing at 16-A Sawan Park, Ashok Vihar, Delhi and he used to sent her son to school from that house. She has deposed that the articles of her husband was lying in the aforesaid house and her husband was under influence of her sister-in-law's. She has deposed that she was not happy with the conduct of her husband and she locked her house at B-26, Sawan Park, Ashok Vihar, Delhi and she alongwith her younger son aged 3 years went to her parental house. She has deposed that she made complaint in CAW cell against her husband and her in laws namely Dharam Singh and Sukhbir Singh ( both nandoi), Jitender Singh and Jaspal Singh (both sons of her nand) and Jaspreet, Daljeet Kaur. She has deposed that on 15/05/02, after compromise with her husband, she alongwith her husband Dilbag Singh went to her house at B-26, Sawan Park, Ashok Vihar, Delhi and he took her stridhan articles to her matrimonial home at 16-A, Sawan Park, Ashok Vihar Delhi. Thereafter her in laws started quarreling with her and they beat her, call was made at 100 and police took all of them to police station, police asked to compromise the matter but matter was not resolved. She has deposed that when she returned back to FIR No.350/02 P.S. Ashok Vihar State Vs. Jasbir Kaur & Ors. Page No. 3 of 16 her matrimonial house, she saw that Jaspal Singh and Jitender Singh were throwing her articles outside the house. She has deposed that her other in laws namely Jasbir Kaur, Dharam Singh, Sukhbir Singh and Jaspal Singh also started throwing her articles outside the house. She has deposed that quarrel took place and police again came to the spot, police took her husband and Dharam Singh to police station. She has deposed that before going to police station, her husband had locked two rooms, kitchen, store room and almirah which was belonging to her husband. She alongwith her in laws also went to police station, matter could not be settled at police station and she went to the house of her younger nand. She has deposed that Dharam Singh and her husband were put in lock up by the police. After 4-5 days, she alongwith her husband went to her matrimonial house and they found that their stridhan articles were lying on the road and all the locks which were put by her husband, were broken. She has deposed that cash Rs. 25,000/- was missing from the almirah of her husband. She has deposed that their relatives from Punjab came to settle the matter but the accused persons refused to settle. She has brought the copy of photographs of her stridhan articles and same are mark P-1, P-2 and P-3. She has correctly identified all the accused. She has deposed that accused Sukhbir Singh has already expired. This witness was cross examined by the Ld. Counsel for the accused persons.
6. PW-2 is Sh. Dilbagh Singh, complainant in the present case, who has deposed that in the year 2002, he was residing at ground floor of 16 A Sawan Park, Harizan Colony, Ashok Vihar, Delhi and on the first floor of the said house, his sister Jasbir Kaur, her husband Dharam Singh and her two sons Jitender Singh , Harjinder Singh and her daughter Satnam Kaur were residing since June 1999. He has deposed that in August 2001, he left the said house and FIR No.350/02 P.S. Ashok Vihar State Vs. Jasbir Kaur & Ors. Page No. 4 of 16 started living at B-26 Sawan Park along with my wife and children but I left my household articles at 16A Sawan Park itself. He has deposed that thereafter his wife started quarreling with him and went to her parental house. He has deposed that thereafter he again shifted to 16A Sawan Park along with his elder son namely Simran Singh while his younger son went along with his wife. He has deposed that on 15.05.2002 his matrimonial dispute was settled and on the same day he along with his wife shifted to 16 Sawan Park and the same day the accused persons started quarreling with them and started abusing them and also threw them outside the said house. He has deposed that the police was called by somebody and the police got settled the dispute. He has deposed that when they returned to their house they saw that accused Jitender Singh was throwing his household articles from the house to which he objected thereafter all the other accused persons started throwing their household articles in the street. He has deposed that his sofa set, refrigerator, dressing table and other articles were broken. They were again thrown out from the house. He has deposed that proceedings U/s 107/151 CrPC were initiated against him and the accused Dharamvir Singh by the police. He has deposed that on 23.05.2002, he found that his household articles were still lying in the street, he peeped from the hole of outer door and found that locks of his both the room were broken and his almirah was lying in the varanda and its handle was broken and almirah was lying open. He has deposed that the cash of Rs.25,000/- was never found in the almirah, he had suspicion that accused persons had taken his cash. He has deposed that he asked the accused person to return his articles but they refused to return the same. He has further deposed that on 23.05.2002 he gave a complaint to SHO which is Ex.PW2/A and he has correctly identified the accused persons during his examination. This witness was cross examined by the Ld. counsel for the accused person.
FIR No.350/02 P.S. Ashok Vihar State Vs. Jasbir Kaur & Ors. Page No. 5 of 16
7. PW-3 is Smt. Naseeb Kaur, who has deposed that Dilbagh Singh S/o S. Sucha Singh was his neighbor who was residing at A-17, Sawan Park. Presently, he is residing at the given address. In the year 2002, Jasbir Kaur had thrown the house articles of Dilbagh Singh. He has deposed that Jasbir Kaur committed theft of money belonging to Dilbagh Singh but due to lapse of time, he do not remember the day and month. He has deposed that Jasbir Kaur is the real sister of Dilbagh Singh. He also came to know the fact that Jasbir Kaur had committed theft of money belonging to Dilbagh Singh. He has deposed that Dilbagh Singh was residing at the above said address with his parents and except this, he does not want to say anything else. This witness was being cross examined by the Ld. APP for the State wherein he has deposed that it is correct that Dilbagh Singh S/o Sh. Sucha Singh was residing at A-16, Sawan Park, Ashok Vihar, Delhi. He has deposed that it is correct that since the marriage of Dilbagh Singh, there was a dispute between his wife and his sister Jasbeer kaur. He has deposed that it is correct that Dilbagh Singh had shifted in the rented accommodation at B-26 with his wife due to the altercation between his wife and Jasbir Kaur. He has denied the suggestion that after few days, wife of Dilbagh Singh had locked the room and left for her parental house (Confronted with statement vide Ex. PW-3/A from point A to A1 where it is so recorded). He has deposed that after that, Dilbagh Singh went to A-16, Sawan Park with his son and started residing with his sister Jasbir Kaur. He admit the suggestion that on 15.05.2002, Dilbagh Singh along with his wife came at A-16, Sawan Park with the luggage brought by them from B-26, Sawan Park and put all the articles in room at A-16, Sawan Park. He admit the suggestion that in the meanwhile, altercation developed between Jasbeer kaur and wife of Dilbagh Singh. He has deposed that Jasbir Kaur, Daljeet Kaur, their husbands and their sons had thrown the household articles of Dilbagh Singh in his presence. This FIR No.350/02 P.S. Ashok Vihar State Vs. Jasbir Kaur & Ors. Page No. 6 of 16 witness was cross examined by the Ld. Counsel for the accused persons at length.
8. PW-4 is Sh. Charan Singh S/o Late Sh. Tula Ram, who has deposed that in the year 2002, he was working as home guard and the incident had occurred in the month of May 2002. He has deposed that one Dilbagh Singh, who was his neighbor was residing at A-16, Sawan Park with his wife and hot exchanges were developed between Dilbagh Singh and his wife. Thereafter, they started living at B-26, Sawan Park in a rented accommodation. Dilbagh Singh had taken out some luggage in the rented accommodation and some of the articles were remained in A-16, Sawan Park. He has deposed that after cordial relations were developed between husband and wife, they returned back to A-16 and after sometime, one Jasbir Kaur sister of Dilbagh Singh had thrown the household articles from his house. He has deposed that Jasbir Kaur was also residing at the above said address with her family members. He has deposed that PCR officials reached at the spot. This witness was being cross examined by the Ld. APP for the State wherein he has deposed that after altercation between Dilbagh Singh and his wife they started living at a rented accommodation in Sawan Park but after few days, she left the rented accommodation and went to her parental house. He has admitted the suggestion that Dilbagh Singh returned at A-16, Sawan Park with his son and started residing with his sister Jasbir Kaur, he further admit that on 15.05.2002, Dilbagh Singh had brought his wife at A-16 alongwith the household articles which were kept in the rented accommodation and the household articles were shifted in a room at ground floor. He further admitted that in the meanwhile quarrel had taken place between Jasbir Kaur, Dilbagh Singh and his wife, Dilbagh Singh and the other persons went to police station. He has deposed that when they FIR No.350/02 P.S. Ashok Vihar State Vs. Jasbir Kaur & Ors. Page No. 7 of 16 returned from the police station they saw that household articles were scattered at the road in front of A-16, Sawan Park. This witness was cross examined by the Ld. counsel for the accused persons.
9. PW-5 is of Smt. Roshni, W/o Sh. Karan Singh, who has deposed that father of Dilbagh Singh S/o Sucha Singh was residing at House No. 16A, Sawan Park, Ashok Vihar, Dilbagh Singh was born at the above mentioned address and his marriage was also solemnized at the above mentioned address and two issues were also born on the same place. She has deposed that Jasbir Kaur and wife of Dilbagh Singh used to quarrel with her. She has deposed that Dilbagh was residing at the above mentioned address along with his one son as wife of Dilbagh Singh left the matrimonial house and took one of her son to the house of the one person namely Chander and thereafter, from there she started residing at the mother's house. She has deposed that she do not remember the name of the wife of Dilbagh Singh. She has further deposed that compromise took place between Dilbagh Singh and his wife after six months and thereafter, wife of Dilbagh Singh returned back at her matrimonial home i.e. house no. 16A, Sawan Park along with her son. She has deposed that wife of Dilbagh Singh came to her matrimonial home along with dowry articles. She has deposed that all the accused persons thrown the dowry articles belongs to the wife of Dilbagh Singh out of matrimonial house, one person namely Kuku also thrown the dowry articles belongs to the wife of Dilbagh Singh. Thereafter, a quarrel took place between the wife of Dilbagh Singh and all the accused persons. She has deposed that accused persons did not allow the wife of Dilbagh Singh to enter her matrimonial house and thereafter, she left for Jahangir Puri at the house of sister-in-law (nand namely Jagiro). This witness was being cross examined by the Ld. APP for the State wherein she has deposed that it is correct FIR No.350/02 P.S. Ashok Vihar State Vs. Jasbir Kaur & Ors. Page No. 8 of 16 that Dilbagh Singh took one house no. B-26, Sawan Park on rent. She denied the suggestion that Dilbagh Singh started residing at B-26, Sawan Park alongwith her wife (Confronted with the statement mark X from point A1 to A2 where it is so recorded). She further denied the suggestion that a quarrel used to take place between Dilbagh Singh and her wife at house no. B-26, Sawan Park. She has deposed that she do not know whether on 15.05.2002, Dilbagh Singh along with her wife returned back to house no. A-16, Sawan Park (Confronted with the statement mark X from point B1 to B2 where it is so recorded). This witness was cross examined by the Ld. counsel for the accused persons.
10. PW-6 is Sh. Chanderprakash, S/o Sh. Husan Lal, who has deposed that Dilbagh Singh is son of Late Sh. Suchcha Singh and smt. Joginder Kaur, he was born in A-16, Sawan Park and was residing there permanently and after his marriage, his sister Jasbir Kaur and his brother-in-law Dharam Singh and his family, who were previously residing at A-16, Sawan Park left their home and Dilbagh Singh was living with his wife and his parents at A-16, Sawan Park, Delhi and after the death of Sh. Suchcha Singh, Jasbir Kaur and Dharam Singh along with their family again came back to A-16 Sawan Park and started living there for taking care of the mother of Dilbagh Singh Smt. Joginder Kaur, who was ill. He has deposed that Jasbir Kaur started fighting with Amandeep Kaur W/o Sh. Dilbagh Singh and due to this ongoing fight, Amandeep Kaur lodged a complaint in CAW Cell. Thereafter, Amandeep Kaur and Dilbagh Singh in the month of August, 2001 hired one room on rent in his house B-26, Sawan Park. Amandeep Kaur and Dilbagh Singh brought their dowry articles to his house B- 26 Sawan Park and the remaining goods and articles of Dilbagh Singh were all lying at A-16, Sawan Park and Dilbagh Singh was having possession of ground FIR No.350/02 P.S. Ashok Vihar State Vs. Jasbir Kaur & Ors. Page No. 9 of 16 floor in A-16, Sawan Park and his sister Jasbir Kaur was residing on first floor of A-16, Sawan Park. He has deposed that within two days after taking his room on rent , Dilbagh Singh's wife Amandeep Kaur went to her parents house after fighting with Dilbagh Singh as Dilbagh Singh continue to reside in A-16, Sawan Park, she took one younger child with her and Dilbagh Singh was living in A- 16, Sawan Park with his elder son. He has deposed that after around 8-9 months in May, 2002, Dilbagh Singh and Amandeep Kaur entered into compromise and came back to his house and took away the dowry articles which were lying in his room to A-16 Sawan Park and vacated his house as Dilbagh Singh was already living at A-16, Ground Floor, he took all the dowry articles to A-16, Ground Floor Sawan Park. Thereafter, seeing the goods of Amandeep Kaur at A-16, Sawan Park, Dilbagh Singh's sister Jasbir Kaur started quarreling with Amandeep Kaur and PCR was called. He has deposed that later the goods of Amandeep Kaur and Dilbagh Singh were thrown out by Jasbir Kaur, Dharam Singh, Jitender Singh and Daljeet Kaur, the goods which were of Dilbagh Singh were taken in possession by all these accused Jasbir Kaur, Dharam Singh, Jitender Singh and Daljeet Kaur (correctly identified by the witness). He has deposed that according to Dilbagh Singh, his money of around Rs. 25,000/- was lying in the almirah which was at ground floor and these accused persons took possession of this almirah and broke open the lock of said almirah and stole that Rs. 25,000/-. He has deposed that the goods were lying outside the house for more than a week. He has deposed that Dilbagh Singh and Dharam Singh were lodged in Jail. He has deposed that after two days, Dilbagh Singh came back from Jail and then came to know that his almirah was broken and taken in possession by the accused persons and he was restrained from entering into the house A-16, Sawan Park. This witness was cross examined by the Ld. counsel for all the accused persons.
FIR No.350/02 P.S. Ashok Vihar State Vs. Jasbir Kaur & Ors. Page No. 10 of 16
11. PW7 is Inspector Vikram Singh, No. DI/163, SHO Farsh Bazar, Delhi, who has deposed that on 28.03.2003, he was posted at PS Ashok Vihar as SI, on that day, he has complied with the objections made in the present case and thereafter, the chargesheet was prepared by the then Inspector/SHO Shiv Dayal and was put in court. This witness was not cross examined by the Ld. Counsel for the accused persons.
12. Sh. Suresh Chandra, Enrl. No.D-1068/95, counsel for all the accused on behalf of accused Smt. Daljeet Kaur has made statement that he have no objection if the documents for which the witnesses as per list of witness S.No.7,8,9,10 and 11 namely HC Pat Ram, HC Devender, Ct. Ugersen, Ct. Sudhir and HC Khushi Ram are to be examined be read in evidence. He stated that the said documents i.e. carbon copy of FIR No.350/02 as Ex.A1, seizure memo as Ex.A2, seizure memo Ex.A3, arrest memos as Ex.A4, A5, A6, A7 and Ex.A8.
13. Further vide their separate statement the accused persons Jitender Singh S/o Dharam Singh, 2) Dharam Singh S/o Harbans Lal and 3) Smt. Jasbir Kaur W/o Dharam Singh have also deposed that they have no objection if the documents for which the witnesses as per list of witness S.No.7,8,9,10 and 11 namely HC Pat Ram, HC Devender, Ct. Ugersen, Ct. Sudhir and HC Khushi Ram are to be examined be read in evidence. They further stated that the said documents i.e. carbon copy of FIR No.350/02 as Ex.A1, seizure memo as Ex.A2, seizure memo Ex.A3, arrest memos as Ex.A4, A5, A6, A7 and Ex.A8.
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14. Subsequent to the recording of statement of aforesaid PWs, PE was closed and statement of accused was recorded and all the incriminating evidence coming on record was put to the accused, in which they have submitted that they have been falsely implicated in the present case. They have further submitted that they want to lead evidence in their defence and thereafter the matter was listed for DE. However, vide order dated 12.01.2023 all the accused persons have closed their DE without examining a single witness in their defence. Thereafter the matter was listed for final arguments.
15. I have comprehensively heard the arguments advanced by Ld. APP for the state, Ld. Counsel for all the accused persons as well as perused the entire record including the documents exhibited in evidence by the prosecution.
16. It is argued by the Ld. APP for the State that on 15.05.2002 all the accused in furtherence of their common intention at H.No.A-16, Sawan Park, Harijan Colony, Ashok Vihar all the accused have committed house tresspass by entering into the house of complainant Sh. Dilbagh Singh unlawfully and committed the theft of currency notes amounting to Rs.25,000/- from the Almirah lying there by breaking open the lock of the same and also thrown away the articles lying in the above said house and caused damage to costly articles like Refrigerator, Sofa Set, Dressing Table and other articles and the prosecution has proved their case beyond any reasonable doubt and he prayed that all the accused persons be convicted for said offences.
17. Ld. Counsel for the accused has argued at length and it is submitted that the accused have been falsely implicated in the present case and they have FIR No.350/02 P.S. Ashok Vihar State Vs. Jasbir Kaur & Ors. Page No. 12 of 16 nothing to do with the present case. It is argued by Ld. Counsel for the accused that the investigation is tainted and there are various contradictions and prayed that all the accused persons be aquitted.
18. To sustain the conviction of the accused persons in the present case it was incumbent upon the prosecution to establish beyond reasonable doubt that the accused persons have tress passed in the house of the complainant and have stolen Rs.25,000/- of the complainant from the said house. In the present case, the complainant as well as all the accused persons are family members and as per record all of them were residing together in the same household i.e. A-16, Swarn Park, Harijan Colony, Ashok Vihar, Delhi, after the marriage of the complainant Sh. Dilbagh Singh with Amandeep Kaur @ Surender but as per the statement of Amandeep Kaur examined as PW-1 due to the internal dispute between the family Dilbagh Singh and Amandeep Kaur along with their two sons shifted to another house i.e. B-26, Swarn Park, Ashok Vihar, Delhi in August 2001 but is alleged by PW-1 Amandeep Kaur that she only took stridhan to her new house and articles of her husband and elder son were lying in their previous house i.e. bearing No.A-16, Swarn Park, Ashok Vihar, Delhi. It is further alleged by the PW-1 Amandeep Kaur that she was not happy with the conduct of her husband and therefore, she left her house at B-26, Swarn Park, Ashok Vihar, Delhi and along with her younger son went to her parental house and that she filed a complaint against her husband and in laws in CAW Cell. Thereafter, it is submitted that after a compromise with her husband i.e. complainant Dilbagh Singh, she took her stridhan articles to her matrimonial home i.e. A-16 Swarn Park, Ashok Vihar, Delhi and again a quarrel took place between family members and they all were taken to police station and as the matter was not resolved, she came back to her house i.e. A-16, Swarn Park and FIR No.350/02 P.S. Ashok Vihar State Vs. Jasbir Kaur & Ors. Page No. 13 of 16 found that accused Jaspal Singh and Jitender Singh were throwing her articles outside the house and other accused persons i.e. Jasbir Kaur, Dharam Singh, Sukhbir Singh and Jaspal Singh have also started throwing her articles outside the house and as per PW-1 they were again taken to Police Station but the matter could not be settled and it is alleged by the complainant that before going to police station her husband had locked two rooms, kitchen, store room and Almirah which was belonging to her husband i.e. complainant Dilbagh Singh but when after 4-5 days they return to their matrimonial house i.e. A-16, Swarn Park they found that th stridhan articles of PW-1 were lying on the road and all the locks which were put by her husband were broken. Further, it is alleged by the PW-1 that cash amount of Rs.25,000/- was missing from the Almirah of her husband. On similar lines evidence of the complainant was lead in the form of PW-2 and in his examination in chief it was submitted by him that he has suspicion that accused persons had taken my cash. Moreover, in the cross examination of the complainant examined as PW-2 it was submitted by him that it is correct that the property of A-16, Swarn Park was relinquished in the name of his mother Late Smt. Joginder Kaur by him and by all his sisters.
Sec. 448 IPC reads as :- Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
19. There are allegation of Sec.448 IPC against the accused persons for house tress pass in the house of the complainant. Admittedly, all the accused persons and the complainant are the family members and even as per the complainant as clear from his deposition that all of them were residing jointly in the house bearing No.A-16, Swarn Park, Ashok Vihar, Delhi. Therefore, when all aforesaid accused persons and the complainant along with his wife FIR No.350/02 P.S. Ashok Vihar State Vs. Jasbir Kaur & Ors. Page No. 14 of 16 were residing in the same household i.e. house bearing No.A-16, Swarn Park, Ashok Vihar, Delhi than the question of tresspass does not arise as all the persons are already residing the same household. Moreover, as discussed above it was submitted by the complainant that he has along with all his siblings had relinquished their shares in the above said property in favour of their mother and therefore, from the above mentioned facts and circumstances it is clear that the accused persons cannot be held liable for the offence of trespassing as all were residng in the shared household.
Sec. 380 IPC reads as :- Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
20. Further, as far as the allegation U/s 380 IPC of committing theft of money of Rs.25,000/- is concerned, first of all as discussed above all were residing in the shared household and neither there is any partition nor any separation of portion in the said house. Further, it is alleged on behalf of the complainant that his Rs.25,000/- were stolen but there is no witness direct or indirect, who has seen committing any of the offence any such offence of theft as alleged by the complainant. Moreover, in his deposition it was submitted by the complainant himself that he had suspicion that accused persons had taken his cash which itself shows that even the complainant is not sure that who had stolen his Rs.25,000/- and suspicion in the criminal cases cannot resulting in the conviction of a person unless supported by cogent evidences which can prove the guilt beyond the reasonable doubt. Therefore, in view of the above mentioned facts and circumstances, it is clear that there is no evidence on record FIR No.350/02 P.S. Ashok Vihar State Vs. Jasbir Kaur & Ors. Page No. 15 of 16 to show that accused persons have committed any such offence of theft as alleged by the complainant.
21. The other witnesses examined by the prosecution are only supporting witnesses however, when the foundation itself is weak how strong whatsoever the support may be, it cannot establish beyond reasonable doubt to sustain conviction of the accused.
22. Considering the aforesaid discussions and keeping in view the deposition before the court, I have no hesitation to hold that the prosecution has failed to establish the present case against all the accused persons beyond shadow of reasonable doubt. In view of the above mentioned discussion all the accused persons are hereby acquitted for the offences u/s 448/380/34 IPC.
Announced in the open court (ROHIT GULIA)
on 25.04.2023 CMM: North West
Rohini: Delhi/25.04.2023
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