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Delhi District Court

Sunil vs The State on 25 July, 2012

                                         1

         IN THE COURT OF MS. ANJU BAJAJ CHANDNA
  ADDITIONAL SESSIONS JUDGE/SPECIAL JUDGE NDPS  (NORTH) 
                         DELHI

CA NO.  33/12

Sunil,
S/o Ramesh,
R/o Village Barahpur, 
P.O. Kathi, PS Bangal,
Distt. Basur, Bihar.
                                                                     ........APPELLANT
versus

The State 
                                                            .......RESPONDENT

                                                                                          
                                 DATE OF INSTITUTION :  17.07.2012 
                                DATE OF ARGUMENTS & JUDGMENT : 25.07.2012         

J U D G M E N T

1. The present appeal has been directed against the judgment and order on sentence dated 03.07.2012, whereby the appellant has been convicted for the offences punishable u/s 356/379 IPC and sentenced to simple imprisonment for sixteen months u/s 379 IPC and simple imprisonment for six months u/s 356 IPC, with both the sentences to run concurrently. 

C.A. NO. 33/12                                                    Page 1 of 4 pages
Sunil Vs State
                                                2

2. The brief facts of the case are that on 20.04.2008, within the area of PS Kashmere Gate, accused used criminal force and committed theft of Rs. 660/­ from the pocket of complainant Mohd. Israil alongwith co­accused Sonu (since not arrested). The complainant could chase and apprehend accused Sunil at the spot itself and recovery of Rs. 660/­ was effected from him. The FIR was lodged and necessary investigation was conducted and on completion of the same, charge sheet was submitted. On appearance, accused pleaded not guilty to the charge and claimed to be tried. Prosecution examined five witnesses in all to bring home the guilt of the accused. The statement of accused was recorded u/s 313 Cr. P.C., wherein accused pleaded innocence and false implication. However, no evidence was led in his defence.

3. On evaluating the evidence, adduced by prosecution, the documents and the facts and circumstances of the case, ld. trial court came to the conclusion that alleged offences are established against accused Sunil and accordingly convicted him.

4. I have heard Ld. Counsel Sh. Murari Chaudhary for the appellant, Sh. G.S. Guraya Ld. Addl. P.P. for the State/respondent and given due consideration to the facts and circumstances of the case, grounds of appeal, impugned judgment and the trial C.A. NO. 33/12 Page 2 of 4 pages Sunil Vs State 3 court record.

5. On considering the record of trial court and contentions of both the sides, I am of the opinion that findings of conviction have been rightly returned by the trial court. There is sufficient evidence on record to prove the guilt of the accused/appellant. The complainant has been the most important witness of the case. He appeared as PW­1 and deposed about the occurrence and clearly spelled out the offence committed out by the accused and also identified accused properly in the court. The recovery from the possession of the accused has also been proved and relevant proceedings conducted at the spot have been proved through the documents EX PW­1/A to F. There is nothing on record to doubt the credibility of the prosecution witnesses, who have been consistent and categorical in establishing the facts and events of this case. On the other hand, accused has failed to prove his innocence as no reasonable or plausible defence has been raised by him. I do not find any illegality or infirmity with the judgment of the trial court. In my opinion, there is no ground for interference.

6. So far as the order on sentence is concerned, the appellant/convicted has been awarded total imprisonment of sixteen months with benefit of section 428 Cr. P.C. It is submitted that accused has already undergone more than one C.A. NO. 33/12 Page 3 of 4 pages Sunil Vs State 4 year of imprisonment in this case. It has been reported by the staff that exactly accused has remained in jail for 13 months and 23 days. In my opinion, the ends of justice would be served, if the sentence of the appellant is reduced to the period already undergone by him in custody. I, accordingly sentence the accused to the period already undergone by him in this case. With this modification, the appeal is disposed of.

7. Copy of this judgment alongwith trial court record be sent to the trial court. Copy of this judgment be also sent to jail superintendent with the directions to release the convict/appellant, if not required in any other case.

8. Appeal file be consigned to record room. ANNOUNCED IN THE OPEN COURT ON 25th July, 2012 (ANJU BAJAJ CHANDNA) ADDL. SESSIONS JUDGE (NORTH) DELHI C.A. NO. 33/12 Page 4 of 4 pages Sunil Vs State