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1. The present case has originated from the charge-sheet filed by the State against accused namely Abdul Jafir, S/o Sh. Abdul Malik. As per the charge-sheet, on 08.07.2015 at about 02:05 AM at ICICI Bank ATM site ID-8802, Main Market, Mehrauli, New Delhi i.e. within the jurisdiction of PS Mehrauli, the accused entered into the ATM i.e. ICICI ATM site ID 8802 Main market and tried to steal away the cash from the abovesaid ATM by opening the ATM machine with the help of a hammer and screw driver. Since the accused tried to broke open the locks of ICICI ATM using the aforesaid equipments, it is alleged that he thereby committed the offences punishable u/s 457/380 IPC r/w Section 511 IPC.

4. The court framed charges against the accused namely Abdul Jafir for offences punishable under Sections 457/380 IPC r/w Section 511 IPC and under FIR No.1856/2015 State Vs. Abdul Jafir Page No. 2 of 18 AVIRAL by AVIRAL SHUKLA SHUKLA Date: 2024.02.29 16:51:41 +0530 Section 174A IPC. Charge was read over and explained to the accused to which he pleaded not guilty and claimed trial.

COURT OBSERVATION

27. Accused has been charged with offences under Sections 457/380/511 IPC and Section 174A IPC. At the outset, it is pertinent to note that Section 457 IPC provides for the punishment for the offence of 'lurking house-trespass or house- breaking by night in order to commit offence punishable with imprisonment'. This offence can be more clearly defined by referring to Sections 441, 442 and 445 of IPC which provide for the definitions of 'criminal trespass', 'house-trespass' and 'house-breaking' respectively. The aforesaid provisions are provided herein below FIR No.1856/2015 State Vs. Abdul Jafir Page No. 11 of 18 AVIRAL SHUKLA SHUKLA Date:

36. The aforesaid testimonies of independent witnesses i.e. PW-1 and PW-2 along-with the testimonies of the police witnesses i.e. PW-3 and PW-4 accordingly proves that the accused had entered the ATM machine bearing no. 8802 situated at the Main market, Mehrauli and was attempting to break open the ATM machine using the hammer, screw driver and other equipments. The ATM machine room is a place used for custody of property i.e. cash and thus, the same falls within the definition of 'house' for the purpose of Sections 442, 445, 446 and 457 of the IPC. The ATM machine room is also a place that is a 'dwelling house' for the purpose of Section 380 IPC as it is being used for the safe keeping and custody of property. The accused did the aforesaid act at around 02.00 AM in the night of 08.07.2015 i.e. after sunset and before sunrise. Accordingly, the accused was attempting to commit theft in a dwelling house and house-breaking by night. The accused is accordingly convicted for the offences u/s 457/380/511 IPC.