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3. Charge sheet was filed against the accused in the court. Documents were supplied to the accused and thereafter charge under Section 392/411/34 State v. Rakesh & Ors. U/s 392/411/34 IPC FIR No. 219/10, PS Sun Light Colony IPC was framed against them vide order dated 14.12.2010 to which they pleaded not guilty and claimed trial.
4. In order to prove the charge against the accused, the prosecution examined eleven witnesses namely (1) Baljeet (2) HC Roop Singh (3) SI Rambir (4) Yusuf Khan (5) ASI Bhagirath (6) Ct. Hari Kumar (7) HC Meena Arora (8) HC Amit Kumar (9) Ct. Arun (10) Sh. Munish Markan, Ld. ACJ (11) SI Ram Manohar.
12.PW-5 ASI Bhagirath deposed that on 24.06.2010 he was posted at police post Sarai Kale Khan as ASI. On that day, the present case was marked to him for further investigation. During investigation, he collected the information from secret informer regarding robbed car and called the owner of the car and the complainant at police post Sarai Kale Khan. Yusuf Khan, Manager of the company told the IO the true facts of the case that State v. Rakesh & Ors. U/s 392/411/34 IPC FIR No. 219/10, PS Sun Light Colony the driver was picking up the passengers who had robbed him and thrown him out of the car after snatching his mobile phone and purse. Witness had recorded his statement. Witness also recorded the supplementary statement of driver Baljeet in which he also informed that he had wrongly mentioned the fact that he had got down from the car for urinal and the robbery was committed as he got afraid. Driver told the true fact to the witness that he was picking the passengers from Sarai Kale Khan bus stand who had robbed him near the ITO and thrown him from the car after snatching his mobile and purse. Witness deposed that on 25.06.2010 one secret informer informed him that one person involved in the robbery in the present case was standing at the bus depot Sarai Kale Khan. On that information, he along with Ct. Arun Kumar went to the bus stand Sarai Kale Khan and after pointing out of the secret informer they apprehended the accused Rakesh. Witness interrogated him in which he made disclosure that he was involved in the aforesaid robbery. Witness recorded his disclosure statement which is Ex. PW5/A. Thereafter, witness arrested the accused Rakesh and conducted his personal search vide memo Ex. PW5/B and Ex. PW5/D. Later on he was informed by Police Post Philkhari, PS Lisari Gate, Meerut, UP regarding the recovery of the robbed State v. Rakesh & Ors. U/s 392/411/34 IPC FIR No. 219/10, PS Sun Light Colony vehicle. On that information on 28.06.2010, he along with Ct. Amit and Manager of the company Yusuf Khan went to Police Post Philkhari PS Lisari Gate, Meerut. He took the recovered car in his possession vide recovery memo Ex. PW5/D. Later on investigation was marked to SI Ram Manohar and he deposited the case file to MHC(M) PS Sun Light Colony. Witness identified the photographs of the car. This witness was not cross examined by the accused persons.
18.PW-10 Sh. Munish Markan, Ld. ACJ deposed that on 30.06.2010 he was acting as Metropolitan Magistrate at Patiala House Court. IO of the present case moved an application for conducting the TIP Proceedings of the accused before the concerned court of Sh. Naveen Arora, the then Ld. ACMM which marked to the witness for disposal as per law on the same date being Link MM. Witness deposed that the accused Moin was produced by the IO from JC from Meerut Jail in muffled face. The date of TIP was fixed as 01.07.2010. Thereafter, on 01.07.2010 witness went to State v. Rakesh & Ors. U/s 392/411/34 IPC FIR No. 219/10, PS Sun Light Colony the Central Jail No. 4 for TIP. The IO SI Ram Manohar and the witness Baljeet met him outside the Jail and he asked them to wait outside the Jail. In the jail , the accused was produced from JC by Assistant Jail Superintendent Sh. Rohit Mann who identified the accused. He recorded the statement of Jail Superintendent. Thereafter, witness asked the Jail Superintendent to leave the room. When only the accused and the witness left in the room, he explained the accused Moin the meaning of TIP in vernacular and asked him whether he is willing to join the TIP . Accused expressed his willingness to join the TIP proceedings. Accordingly, the accused was directed to pick up 8-10 under-trials of his age and phsique. The accused picked up 10 under-trials whose name, father's name and signatures/ thumb impression were obtained by the witness. Thereafter, the accused and the undertrials were asked to stand in a line. Witness deposed that the door of the room was closed and all the necessary precautions for TIP were taken. The accused was asked if he has any cut or identification mark on his face or any revealing body part to which he replied in negative. The accused was given an option to stand at any place of his choice and also to change his cloths with any undertrial. The accused preferred to stand at serial no. 7 from his left to right. Thereafter, State v. Rakesh & Ors. U/s 392/411/34 IPC FIR No. 219/10, PS Sun Light Colony the witness was called and asked to identify the accused and he correctly identified the accused. The application of the IO for conducting the TIP Proceedings is Ex. PW10/A. The TIP proceedings are Ex. PW10/B bearing the signature of witness at point A, B, C, D, E and F. Witness deposed that on 01.07.2010 IO moved the application for providing the copy of TIP Proceedings which was allowed on the same application vide order Ex. PW10/C.
State v. Rakesh & Ors. U/s 392/411/34 IPC FIR No. 219/10, PS Sun Light Colony
35.As per section 437-A of the Cr.P.C, as amended vide the Amendment Act, which came into force on 31.12.2009, the accused as well as the surety shall remain bound by the personal and the surety bond respectively for a period of six months from today. File be consigned to Record Room.
Announced in the open court (SAUMYA CHAUHAN)
on 10.10.2013 METROPOLITAN MAGISTRATE
SOUTH EAST/SAKET COURT/NEW DELHI
State v. Rakesh & Ors. U/s 392/411/34 IPC
FIR No. 219/10, PS Sun Light Colony