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2. The complainant had stated that the motorcycle was Bajaj Pulsar, Silver Colour having 120 as last digits of the registration no. the complainant also stated that he can also identify the accused persons. On the basis of the abovesaid facts, the present FIR was registered and the investigation was undertaken. Medical examination of the complainant was conducted and the site plan was prepared. Thereafter, on 20.04.2011, information was received vide DD no.43A, PS Lajpat Nagar that 02 accused persons namely, Rajesh @ Matka and Satish Kumar have been arrested and the stolen mobile phone of the present case FIR has been recovered from them. Thereafter, both the accused persons were arrested, Digitally signed by AKSHAY AKSHAY SHARMA SHARMA Date:

3. On 26.04.2018, during the course of proceedings, the death verification report of accused Rajesh @ Matka was filed and proceedings against accused Rajesh @ Matka were abated. Therefore, the present judgment is being passed qua accused Satish Kumar only.

CHARGE

4. After hearing arguments on the point of charge, charge u/s 392/411/34 Indian Penal Code, 1860 (hereinafter referred as IPC) was framed against the accused persons, to which they pleaded not guilty and claimed a trial.

2025.04.22 16:13:02 +0530 5.3. PW HC Rajesh, was examined as PW3, his examination in chief is herein reproduced as under:

On 19.04.2011, I was posted as HC at PS-Lajpat Nagar. On that day, I alongwith ASI Bengali Babu was checking the vehicles at Firoz Gandhi Marg, picket Lajpat Nagar. At around 09:00 pm, we saw a motorcycle bearing registration no. DL-3SBV-0102 make Pulsur, silver colour came from Central Market side. There were two persons on the motorcycle. The person who was driving the motorcycle revealed his name as Rajesh @ Matka, who is present in the court today, (correctly identified by the witness) and the person who was pillion rider revealed his name as Satish is who is in the court today, (correctly identified by the witness). Accused Rajesh could not produce documents of his motorcycle. Both the accused persons were inquired. Both the accused persons disclosed that they had snatched a mobile phone and purse of a person from Kalkaji metro station alongwith their associate namely Chotta Don vide Ex.PW3/A and Ex.PW3/B, bearing my signatures at point 'A'. From the formal search of accused Satish a mobile phone make Nokia 1616, black and blue colour was recovered from his possession. ASI Bengali Babu inquired from PS-OIA and it was found that abovesaid mobile phone was of the case property in case FIR no.116/11, PS-OIA. IO had seized the motorcycle and the mobile phone vide seizure memo Ex.PW3/C and Ex.PW3/D, both bearing my signatures at point 'A'. Both the accused persons were arrested and their personal search was conducted. Ex.PW3/E, Ex.PW3/F, Ex.PW3/G and Ex.PW3/H, all bearing my signatures at point 'A'. The information of arrest and recovery of mobile phone was given to PS-OIA. Today, I have brought DD register containing original DD no.30A dated 19.04.2011, PS-Lajpat Nagar regarding arrest of accused persons and recovery of case property. The copy of DD no.30A is exhibited as Ex.PW3/I. (OSR). My statement was recorded by the IO. I can identify the case property, if shown to me. The identity of the mobile phone is already established in the testimony of PW-1 and this is already exhibited as Ex.P1.

2025.04.22 16:13:14 +0530 that day I alongwith HC Rajesh Kumar were on picket duty at Firoz Gandhi Road. We were checking the vehicles and we signalled to stop a silver colour motorcycle bearing no. DL3SBV0102 on which two boys were sitting and during enquiry they revealed their name as Rajesh @ Matka and Satish. Thereafter they disclosed that they snatched mobile phone and purse from a person at OIA near Kalkaji Depot. Thereafter I recorded the disclosure statement of both accused persons already Ex. PW3/A and PW3/B bearing my signatures at point-B. Thereafter I seized the motorcycle bearing no. DL3SBV0102 and Nokia Mobile vide seizure memos already Ex. PW3/C & PW3/D bearing my signatures at point-B. Thereafter I conducted personal search and arrested them vide memos already Ex. PW3/E to PW3/H bearing my signatures at point-B. After medical examination of accused, he was sent to lockup and case property was deposited in Malkhana. Thereafter I made DD entry No. 30A regarding the same which is already Ex. PW3/I (OS&R). Thereafter I prepared kalandra u/s 41.1(d) CrPC and submitted before the court. The copy of same is Ex. PW9/A bearing my signatures at point-A. Accused Satish is present in the court today (correctly identified by the witness). I can identify the case property if shown to me.