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BRIEF FACTS AND REASONS FOR DECISION

1. Vide this judgment, I shall dispose off, the above captioned case FIR No. 194/09. The case of the prosecution is that on 17.06.2009, at about 1.00 AM at C-94/A, Gali No. 4, Ganga Vihar, P.S.: Gokalpuri U/s:457/511/380 of IPC Delhi, within the jurisdiction of PS Gokalpuri, accused attempted to commit lurking house trespass by night in order to commit theft by entering into the house of complainant Sh. Kuldeep Chand used as a dwelling house and on the said date, time and place, accused attempted to commit theft in the house of complainant. Therefore, accused committed an offence punishable under Section 457/511/380 IPC. On the complaint of the complainant the present FIR was registered.

2. On conclusion of the investigation a charge sheet was filed against the accused under Section 457/511/380 IPC. After necessary compliances a charge was framed against the accused U/s. 457/511/380 IPC on 12.05.2011 to which accused pleaded not guilty and claimed trial.

3. To bring home the guilt against the accused, the prosecution examined two witness in total. The prosecution has examined complainant Sh. Kulddp Chand as PW-1 and Sh. Hardayal Chand as PW-2. The remaining witnesses were formal in nature, therefore prosecution evidence was closed.

6. For proving the offence U/s. 457/511/380 IPC, the prosecution is required to prove the following:-

P.S.: Gokalpuri U/s:457/511/380 of IPC

10. In view of the foregoing reasons, I hold that the prosecution has failed to prove the charge against the accused, beyond reasonable doubt. The benefit of any lacunae, left in the investigation, has to be given to the accused. For the foregoing reasons, accused is entitled to acquittal. Accused is therefore acquitted.

Announced in the open court (JITENDRA SINGH) today itself. METROPLITAN MAGISTRATE KARKARDOOMA COURTS/DELHI P.S.: Gokalpuri U/s:457/511/380 of IPC P.S.: Gokalpuri U/s:457/511/380 of IPC P.S.: Gokalpuri U/s:457/511/380 of IPC