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INTRODUCTION:

1. Succinctly, the case of the prosecution is that on 05.09.2010, on receipt of PCR Call vide DD No. 37A, the concerned police officials, namely, SI Pawan Singh along with Ct.

Mahesh reached at the spot, i.e., in front of Metro Gate, Outer Ring Road, Timarpur, Delhi (hereinafter referred to as the 'spot'). Upon reaching there, Ct. Sanjeev and truck driver, Manoj (hereinafter referred to as the 'complainant') were found present, who had apprehended two persons (जहाँ पर Ct Sanjeev No 1502/N व ट्रक ड्राईवर मनोज ने दो लोगो को पकड रखा था). Correspondingly, statement of the complainant was obtained/recorded, wherein he/the complainant inter alia asserted that he used to work at Maharashtra Freight Carrier (Pvt.) Ltd. as a driver. As per the complainant, on ABHISHEK GOYAL GOYAL 2025.07.24 16:17:54 +0530 05.09.2010, at around 09:00 p.m., he/the complainant was proceeding towards his employer's godown at Siraspur, Delhi, in his TATA-709 vehicle, bearing registration No. HR-38G-7808 from Gandhi Nagar. The complainant further proclaimed that at that point in time, the said vehicle/truck of the complainant, contained 20 (twenty) bales of readymade garments ( आज दिनांक 05.09.10 को वक्त करीब 9 बजे रात गांधी नगर से अपने TATA-709, न० HR-38G-7808 में रे डीमें ट कपड़ों के 20 बन्डल गाड़ी में लोड करके अपने मालिक के गोदाम सिरसपुर दिल्ली जा रहा था।). It was further proclaimed by the complainant that when he reached in front of Metro Gate, Outer Ring Road, one silver color Scorpio jeep, wherein 5-7 persons were present, overtook the complainant's vehicle and stopped in front of his vehicle/truck (जब मैं मैट्रो गेट के सामने आऊटर रिंग रोड पहुंचा तो एक SCORPIO जीप बारंग सिल्वर जिसमें 5-7 लोग थे ने मेरी गाडी को ओवरटे क किया और सामने ला कर मुझे अवरोध उत्पन्न किया।). As a consequence, the complainant is asserted to have stopped his truck/vehicle, whereupon 3-4 persons from the said car/Scorpio car approached the complainant and started to forcible pull him/the complainant towards their car (गाड़ी से 3-4 लोग मेरे पास आये और मुझे खींच कर अपनी गाड़ी में जबरदस्ती बैठानेलगे ). Further, as per the complainant, the said persons also started beating him, snatched the keys of his truck/vehicle, and tried to start his truck ( और मुझे मारने पीटने लगे और मरे ट्रक की चाबी छीन ली और ट्रक स्टार्ट करने लगे।). It is further the complainant's case that he raised an alarm, whereupon, one person from the public reached there and he called the police. Correspondingly, the complainant avowed that one police personnel also reached there on hearing the commotion and caught hold of one of the perpetrators (मैने शोर मचाया तो पब्लिक का एक आदमी आया और उसने पुलिस को फोन किया। एक पुलिस वाला मरी आवाज सुन कर मेरे पास आया और एक आदमी को दौड़ कर काबू किया।). The complainant further ABHISHEK GOYAL GOYAL Date:

9.5. PW-5/Manoj Kumar deposed that on 05.09.2010 at around 09:00 p.m., he/PW-5 left for godown of Maharashtra ABHISHEK GOYAL 2025.07.24 16:18:25 +0530 Freight Carriers Pvt. Ltd./MFC at Siraspur from Gandhinagar by loading 20 (twenty) bundles of readymade garments in a truck bearing no. HR-38-7808. Further, as per PW-5, while he was proceeding towards the said godown and had reached in front of Metro gate, Outer Ring Road, one Scorpio of silver colour overtook his/PW-5's vehicle and three-four persons got down from the said Scorpio car. As per PW-5, he was made to stop his vehicle and the said three-four persons dragged him/PW-5 from his vehicle and gave beating to him/PW-5. Further, as per PW-5, he was taken to Scorpio car and he/PW-5 raised noise, whereupon, public persons reached at the spot and someone called the police. Correspondingly, as per PW-5, two-three persons were sitting in the Scorpio car, however, after seeing public persons, they ran from the spot in their Scorpio car, except the person who sat in PW-5's car and tried to take it away. It was further avowed by PW-5 that the persons, who came in the Scorpio, snatched the keys of PW-5's vehicle and he/PW-5 caught the person, who was trying to take away his/PW-5's vehicle by starting it. Further, as per PW-5, the police also reached at the spot and one of the persons, who came in the Scorpio, was also caught by the police. PW-5 asserted that the name of the person, apprehended by him was revealed as Gulbahar and the one, who was apprehended by the police was determined to be Gulzar @ Pappu. As per PW-4, the accused persons and their associates had given bearing to him in order to snatch his/PW-5's truck, loaded with bundles of readymade garments. Concomitantly, as per PW-5, police recorded his statement as Ex. PW5/A, bearing PW-5's signatures at point A. Further, PW-5 correctly identified accused persons, Gulbahar and Gulzar in court. It was further deposed by PW-5 that his truck was taken into possession by the police vide Ex. PW5/B, ABHISHEK GOYAL GOYAL 2025.07.24 16:18:29 +0530 bearing PW-5's signatures at point A and he/PW-5 was taken to the Hospital, where he was medically examined. Correspondingly, as per PW-5, accused Gulbahar was arrested vide arrest memo Ex. PW5/C, bearing PW-5's signatures at point A. As per PW-5, there was a broken number plate on the said Scorpio car. Further, PW-5 proclaimed that the police prepared site plan at his instance and after 2-3 days, he along with the police personnel went for the search of accused persons and reached at Pooja Colony. Loni, UP. As per PW-5, at that spot, the police officials caught one person, who disclosed his name as Mohd Khalid and who had run away from the Scorpio on the date of incident. PW-5 further proclaimed that he told to the police that he was the person who had run away from the Scorpio car and the police caught Mohd. Khalid on his/PW-5's identification. Thereafter, as per PW-5, they reached at Sonia Vihar pushta and the Scorpio vehicle was taken by the police, in possession. Further, as per PW-5, the number plate was also lying near the bushes, which was also taken in possession by the police. As per PW-5, accused Khalid was arrested vide arrest memo Ex. PW5/D1, bearing PW-5's signatures at point A. Correspondingly, as per PW-5, personal search of accused Khalid was conducted vide personal search memo, Ex. PW5/D-2, bearing PW-5's signatures at point A. PW-5, however, expressed his inability to identify accused, Mohd. Khalid in Court, however, asserted that he came to know his name, as he was caught by the police in his/PW-5's presence. PW-5 further expressed his inability to recognize, accused Mohd. Khalid in Court. PW-5 further testified that the truck bearing no. HR-38G-7808, TATA 709 was released to its owner on superdari. Nevertheless, PW-5 correctly identified the truck from its photographs, marked as A1, A2 and A3, collectively Ex. PW1. PW-5 further correctly ABHISHEK GOYAL GOYAL Date:

9.15. PW-16/ASI Ajaibir Singh deposed that on 08.11.2010, he was posted at P.S. Special Cell, Lodhi Colony and on that day, at around 08:00 p.m., secret informer reached at their office and informed them that Imran and Raju, who were residents of Usmanpur and involved in the robbery committed in the area of Burari and Timarpur would visit MCD Parking Chandni Chowk, Delhi at around 09:00 p.m. Consequently, as per PW-16, he Digitally signed by ABHISHEK ABHISHEK GOYAL GOYAL Date:
2025.07.24 16:19:09 +0530 informed Inspector Subhash Chander about the said information, who discussed the same with senior officers. Consequently, as per PW-16, on the directions of the senior officers, a raiding party comprising of PW-16, SI Satish, HC Umesh, HC Rajkumar, HC Sanjeev, HC Surender, HC Ramgopal and secret informer was constituted. Thereafter, the raiding party left for the spot at about 08:15 p.m. in private vehicle and at around 09:00 p.m., they all reached at MCD parking, Chandni Chowk, where accused Imran and Raju Rijwan were found present. As per PW-16, the secret informer pointed out towards the said accused, who were apprehended, interrogated and their respective disclosure statements were recorded by PW-16. PW-16 while correctly identifying accused, Imran and Raju @ Rizwan, also proved their respective arrest memos, disclosure statements and personal search memos. PW-16 further asserted that they took both the said accused persons to PS. Special Cell where they prepared the kalandra under Section 41.1A Cr.P.C., which is Ex. PW16/A. As per PW-16, he also informed PS. Burari and Timarpur about the arrest of accused persons.