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BRIEF STATEMENT OF REASONS FOR THE DECISION FACTUAL MATRIX
1. Briefly stated, the case of the prosecution against the accused persons is that on 17.12.2024 at about 11.00 AM nearby Ramjas School, Gate no.1, Anand Parbat, Delhi (hereinafter referred as spot) within the jurisdiction of PS Anand Parbat, accused persons namely Aryan and Abhishek, in furtherance of their common intention, committed theft of mobile phone POCO MAKZEE 231 by snatching forcefully from the possession of the complainant Sh. Manny Kandan without his consent,.
1.1. Further, the case of the prosecution against the accused persons is that on the abovementioned time, date and place, accused persons namely Aryan and Abhishek got recovered mobile phone make POCO MAKZEE 231 belonging to the complainant which they both dishonestly received or retained, knowing or having reason to believe that such property was stolen property. Furthermore, the accused persons have used a scooty bearing registration number DL 10 AF 2653 made Honda Activa of red colour in the commission of the present case, which was reported to be stolen in FIR No. ANKUR Digitally signed by ANKUR PANGHAL PANGHAL Date: 2026.01.03 17:39:44 +0530 38916/24 U/s 305 (b) of Bharatiya Nyaya Sanhita, 2023 (hereinafter referred as BNS) PS Patel Nagar. Thus, section 106 Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred as BNSS) was added in the present FIR. As such it is alleged that the accused persons namely Aryan and Abhishek have committed the offences punishable under sections 304(2)/3(5)/317(2) of BNS and Section 106 BNSS. Thereafter, a chargesheet was filed against the accused persons after completion of investigation on 01.02.2025 for the offences 304(2)/3(5)/317(2) BNS and section 106 BNSS. APPEARANCE OF ACCUSED PERSONS
PROSECUTION EVIDENCE
4. During the trial, prosecution led the following oral and documentary evidence against the accused persons to prove its case beyond reasonable doubt: -
ORAL EVIDENCE PW1 :- Manny Kandan (complainant) PW2 :- ASI Girish (police official to prove statement U/s 180 BNSS dated Digitally signed by ANKUR PANGHAL ANKUR PANGHAL Date: 2026.01.03 17:39:51 +0530 17.12.2024) PW3 :- Rajiv Vashisht (Nodal officer Airtel Company) PW4 :- HC Anand Kumar (Accompanied with IO at the spot) PW5 :- ASI Virender (Investigating Officer) DOCUMENTARY EVIDENCE Ex. PW1/A :- Statement of complainant recorded by police officials Ex.PW1/B :- Site Plan Ex. PW1/C :- Seizure memo of Mobile Phone Ex. PW1/D :- Seizure memo of other two mobile phones Ex. PW1/E :- Seizure memo of Scooty bearing no.DL-10AF-2653 Ex.P1 :- Photographs of scooty bearing (Colly) no.DL-10AF-2653 Ex.P2 :- Mobile phone make POCO Ex.P3 :- Mobile phones make Oppo and Vivo (Colly) Ex. PW 3/A :- Reply vide which CAF of mobile no 8375042627 and other documents were provided Ex. PW 3/B :- CAF of mobile no.8375042627 Ex. PW 3/C :- ID ownership documents (Colly) Ex. PW 3/D :- CDR of mobile number no. 8375042627 Ex. PW 3/E :- Certificate u/s 63 Bharatiya Sakshya Adhiniyam, 2023 (hereinafter referred as BSA) Ex. PW 3/F :- Location charge Ex.PW 4/A :- Disclosure statements of accused persons & Ex.
i. That on 17.12.2024 at about 11 AM nearby Ramjas School, Gate No. 1, Anand Parbat, Delhi, both the accused persons namely Aryan and Abhishek, in furtherance of their common intention, committed theft of mobile phone ANKUR Digitally signed by ANKUR PANGHAL PANGHAL Date: 2026.01.03 17:41:37 +0530 POCO MAKZEE 231, by snatching forcefully, from the possession of the complainant, namely Manny Kandan, without his consent; and ii. That on the abovementioned date, time and place, both the accused persons namely Aryan and Abhishek, got recovered mobile phone make POCO MAKZEE 231 belonging to the complainant, which they both dishonestly received or retained, knowing or having reason to believe that such property was stolen property.