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Showing contexts for: section 457,380,511 ipc in State vs Mannu@Manish on 23 December, 2024Matching Fragments
2. The brief case of the prosecution is that on 16.04.2024 at about 2.30 am at Kh. No. 15/23, Gali no. 03, D- Block, Harit Vihar, Burari, Delhi, within the jurisdiction of PS Burari the accused committed lurking house trespass or house breaking by committing criminal trespass into the house belonging to complainant namely Ommi for the purpose of attempting to commit theft and he was apprehended on the spot and thereby committed an offence punishable u/s 457/380/511 IPC.
3. After completion of the investigation, the chargesheet was filed in the court, upon which cognizance was taken and after complying with the provisions of Section 207 Code of Criminal Procedure (hereinafter referred to as Cr.P.C.), arguments on the point of charge were heard and the formal charge was framed u/s 457/380/511 Indian Penal Code (hereinafter referred to as IPC) against the accused Mannu @ Manish on 05.06.2024 to which he pleaded not guilty and claimed trial. Thereafter, the case was proceeded further for prosecution evidence.
FINAL ARGUMENTS:
11.Arguments on behalf of the accused were advanced by ld. LAC Sh. Satish Kumar and by Sh. Rohit Lohat, Ld. APP on behalf of the State.
12.It was argued by Ld. APP for the state that the state had successfully proved its case beyond all reasonable doubts that the accused person had entered the house of the complainant illegally at night and tried to commit theft and was guilty of the offences u/s 457/380/511 IPC. It was argued that the testimony of PW-1, who had apprehended the accused while in the said act and had also correctly identified the accused in court was sufficient to prove the allegations against the accused as no material contradictions had been brought in his testimony. It was further argued that the testimony of PW-1 was duly corroborated by the two police witnesses and accordingly, it was argued that the accused be convicted for offences u/s 457/380/511 IPC.
23. In view of the aforesaid discussion, this Court is of the considered opinion, that the prosecution has failed to prove the charges u/s 457/380/511 IPC beyond all reasonable doubts against the accused person. Accordingly, accused Mannu @ FIR No. 247/2024 State vs. Mannu @ Manish Page no. 10/11 Digitally signed by PAYAL PAYAL SINGAL SINGAL Date: