Document Fragment View

Matching Fragments

1. The case of the prosecution in a narrow compass is that on 06.05.14 at about 5.15 am at H.No.12, Gali No.12, Ground Floor, Saket Block, Near Shauchalaya, Mandawali, Delhi, the accused trespassed into the abovesaid property belonging to complainant Rajender Chaudhary. The trespass was done with the intention to commit theft and attempt was made by the accused to commit theft but as the complainant raised alarm, the accused tried to run. The accused was thereafter, caught while running away from the house by the complainant. Thus it is the case of the prosecution that the accused has committed the offence U/s. 380 read with Section 511 IPC.

2. In the present matter charge sheet was filed by the IO under the provisions of Section 380/511 IPC on 07.06.14 and the cognizance for the offence was taken and copy of documents were supplied to the accused on the same date. After the compliance of the provisions of Section 207 Cr.P.C. and after hearing parties, charge for the offence punishable u/s. 451 IPC and Section 380 read with Section 511 IPC was framed against the accused on 21.06.2014, to which he pleaded not guilty and claimed trial.

13. The accused in the present case has been charged for the offence punishable U/s. 451 IPC and section 380 read with Section 511 IPC.

16. For proving the offence U/s. 451 IPC it has to be proved before the court that house trespass was committed and the same was committed with the intention to commit theft. For proving the offence u/s. 380 IPC read with Section 511 IPC it has to be proved before the court that attempt was made to commit theft in the building used as human dwelling and in order to commit the same, the accused has done any act towards the commission of the offence. Section 378 IPC defines theft as per which if a person intends to take dishonestly any movable property out of the possession of any other person without that person's consent moves that property in order to such taking is said to commit theft.

24. Thus in view of the above said findings and discussions the accused is convicted for the offence punishable U/s. 451 IPC and section 380 read with Section 511 IPC.

25. Let the Convict be heard separately on the quantum of sentence.

26. Copy of judgment be supplied to the convict free of cost. 

Announced in the                                                (Neha Paliwal)
Open Court on 28.06.14                             Metropolitan Magistrate­03
                                                                   KKD,­Delhi