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Showing contexts for: section 333 ipc in State vs 1. Raheesh Babu, S/O Bela Pehalwan on 16 December, 2013Matching Fragments
Further out of the above eight accused persons, who were declared as Proclaimed Offenders, two more accused persons namely Raheesh Babu and Mehboob Ansari were also arrested and case was further investigated by Delhi Police against said accused persons and then by way of separate supplementary charge sheets, they were also sent up for trial in the court on 17.03.2012 and 28.10.2012 respectively.
3. After hearing the arguments and on perusal of the material placed on record, a prima facie case U/s 147/148/149/186/332/333/353/427/436 IPC & Sec.307/24 IPC and a separate charge U/s 174 A IPC was framed against the accused Raheesh Babu, to which he pleaded not guilty and claimed trial. It is to be added here that accused Mehboob (State Vs. Raheesh Babu & Anr.) (SC No.29/2012) Page No.2 of pages 11 Ansari was earlier appearing during the main trial and charge U/s 147/148/149/186/332/333/353/427/436 & 307/34 IPC was framed against him vide order dated 01.04.2004 and thereafter, during the stage of prosecution evidence, he started remaining absent and was declared Proclaimed Offender. Said accused was rearrested in this case vide DD No.26A/2012 and an additional charge U/s 174A IPC was also framed against him, to which he pleaded not guilty and claimed trial.
5. I have heard the rival submissions of both the sides. I (State Vs. Raheesh Babu & Anr.) (SC No.29/2012) Page No.3 of pages 11 have also perused the entire material placed before me and in my considered opinion as regard to the offence U/s 147/148/149/186/332/333/353/427/436 IPC & Sec.307/24 IPC, both the accused persons are entitled for an order of acquittal in their favour as the prosecution has been failed to prove its case against them beyond the shadow of reasonable doubt. Further as regards to the charge U/s 174A IPC, the accused Mehboob Ansari is also entitled for an order of acquittal in his favour in the absence of any evidence to that effect. However, accused Raheesh Babu is liable to suffer an order of conviction U/s 174A IPC as PW1A SI Manoj Kumar while proving the arrest memo and personal search memo Ex.PW1A/1 & Ex.PW1A/2 respectively of accused Raheesh Babu has confirmed that the said accused, who was declared a PO on 30.09.2000 was apprehended, arrested and produced before the court.
7. In view of the aforesaid, I hereby acquit both the accused (State Vs. Raheesh Babu & Anr.) (SC No.29/2012) Page No.6 of pages 11 persons namely Raheesh Babu and Mehboob Ansari of the charges U/s 147/148/149/186/332/333/353/427/436 IPC & Sec. 307/24 IPC. The accused Mehboob Ansari is also acquitted U/s 174A IPC in the absence of any evidence against him, however, accused Raheesh Babu convicted U/s 174A IPC in view of the uncontroverted and unchalleged testimony of PW1A SI Manoj Kumar.
8. It is ordered accordingly.
9. Bail bond of accused Mehboob Ansari is extended for another period of six months in the light of the directions of Hon'ble High Court of Delhi.
10. Convict Raheesh Babu be now heard on the point of quantum of sentence to be awarded to him.
(Announced in Open court (RAKESH KUMAR)
on 16 th December, 2013) Addl. Sessions Judge/North East
Karkardooma Courts, Delhi
(State Vs. Raheesh Babu & Anr.) (SC No.29/2012) Page No.7 of pages 11
IN THE COURT OF SH. RAKESH KUMAR
ADDL. SESSIONS JUDGE : NORTH EAST
KARKARDOOMA COURTS : DELHI
Police Station Welcome
U/Section 147/148/149/186/332/333
353/427/436/307/34 IPC
& Sec.174A IPC
State V/s Raheesh Babu, S/o Bela Pehalwan
R/o H. No.1146, Street No.37,
Jafrabad, Delhi.
:ORDER ON SENTENCE:
16.12.2013 (at 3.00 p.m)
Present: Sh. Dharam Chand, Ld. Addl. PP for State.
Convict is present in person with counsel.