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1. The present case arises out of FIR No. 183/2022 registered at PS Nabi Karim on the complaint of Mohd. Amjad, who alleged that his mobile phone Poco M3 was stolen from the counter of his grocery shop at Chinot Basti, Nabi Karim, Delhi, and that the accused Rohit was apprehended immediately thereafter at the spot with the stolen phone.

2. After completion of investigation, charge-sheet was filed for offences under Sections 380/411/506 IPC. Cognizance was STATE Vs. ROHIT P.S.Nabi Karim U/s:380 IPC taken. Copies were supplied to the accused under Section 207 CrPC. Upon hearing both sides on the point of charge, charge was framed for offences under Section 380 IPC and, in the alternative, under Section 411 IPC. The charge was read over and explained to the accused, who pleaded not guilty and claimed trial.

3. The prosecution, in support of its case, examined three witnesses. Certain documents were also admitted under Section 294 CrPC, in view of which some formal witnesses from the police were dropped from the list of witnesses. The accused was examined under Section 313 CrPC read with Sections 316 and 351 BNSS and he chose not to lead any defence evidence. Prosecution Evidence

4. PW1 ASI Arun Kumar deposed that on 08.04.2022 he was on duty when DD No. 39A was received regarding theft of mobile phone. He, along with Ct. Rakesh, went to the spot at C-364, Chinot Basti, Nabi Karim. There they met the complainant Mohd. Amjad and the accused Rohit. The complainant handed over the accused along with the mobile phone, stated to be the stolen Poco M3. PW1 stated that he requested 6-7 public persons to join investigation but they declined due to personal reasons. Due to paucity of time, no written notice was served upon them.

7. PW2 Mohd. Amjad is the complainant and the owner of the general store. He stated that he resides at A-696, Amarpuri, Nabi Karim, and runs a general store at H. No. C-364, Chinot Basti, Nabi Karim. On 08.04.2022, at about 6:30 pm, he was present at his shop, which is open from two sides. He was attending customers on one side and his mobile phone Poco M3 was lying on the counter on the other side. At that time, the STATE Vs. ROHIT P.S.Nabi Karim U/s:380 IPC accused Rohit came and lifted his mobile phone from the counter and ran away.

Point(s) for Determination

14. The question before the Court is whether on 08.04.2022 at about 6:30 pm at H. No. C-364, Chinot Basti, Nabi Karim, Delhi, the accused Rohit committed theft of mobile phone Poco M3 from the shop and possession of complainant Mohd. Amjad, thereby committing an offence punishable under Section 380 IPC. If not, whether on the same date, time and place, he was merely found in possession of the said stolen mobile phone and retained it dishonestly knowing or having reason to believe it to be stolen property, thereby committing an offence under Section 411 IPC.