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3. On the basis of the statement of Ashwani Jain the present FIR was got registered. On 24.10.2008 information was received that the esteem car bearing no. DL­1CG­2580 was found abandoned within the jurisdiction of Police Station Paschim Vihar after which the said car was released to the complainant on Superdari. On 6.11.2008 information was also received regarding the arrest of accused Zakir Hussain, Zuber Khan, Satyadev Sharma, Opilmanic Khan @ Anna under Section 61.A and 102 Cr.P.C. from Police Station Mangol Puri who had disclosed their involvement in the present case. All the aforesaid accused were formally arrested in this case. Pursuant to his arrest the accused Opilmanic Khan @ Anna got recovered one mobile phone make Sony Ericson (belonging to the victim) from near the railway line, Camp No.1, Nangloi. Further, the accused Zakir Hussain and Zuber Khan got recovered the HCL Laptop belonging to the complainant/ victim from the shop of Satya Dev Sharma. On 1.3.2009 the accused Gulzar surrendered before the Court after which he was formally arrested. After completion of investigations charge sheet was filed against all the accused.

Public witness/ complainant/ victim:

6. PW2 Ashwani Jain is the complainant/ victim in the present case who has deposed that he was running a business of generator parts. According to him, on 20.10.2008 he was coming from Mori Gate and going towards his house in his Esteem Car of golden colour bearing no. DL­ICG­2580 and at about 10:00 PM he reached near Wazirpur at T point of Ashok Vihar on Ring Road. He has deposed that he received a telephone call from his friend on his mobile phone bearing no. 9818109400 on which he parked his vehicle by the side of the Ring Road and attended the phone call of his friend. According to the witness, three boys came there on their scooter and stopped their scooter near him after which two boys came near him, one of them snatched his mobile and pointed out an open knife on his abdomen after opening the gate of his vehicle. He has further deposed that the person who showed the knife to him asked him to go to the other seat near the driving seat and at the same time, the other boy opened the back door of his vehicle and entered and put an open knife on his neck. The witness has also deposed that the first boy sat on the driving seat whereas he (victim) was made to sit near the driver seat after which the first boy started driving the vehicle and moved it towards Wazirpur Flyover. According to him, the boy who was sitting on the back seat asked her to close his eyes and removed Rs. 9,500/­ from the pocket of his shirt. He has testified that they stopped the vehicle on the bridge and asked him to get down and further told him that they would get his car in the morning. The witness has also deposed that the boy who was on the scooter also started moving with the car and when he got down from the vehicle at that time another mobile phone bearing No. 9312341434 was in his pant pocket after which he immediately made a call at 100 number. The witness has further testified that his vehicle was having two briefcases, one containing Rs.20,000/­ and some papers of his shop whereas the other briefcase was containing court case papers and one laptop Make HCL which was also lying in the Dikki. He has further deposed that the police reached the spot and recorded his statement which is Ex.PW2/A. According to the witness, on one occasion he was called by the police at Tihar and on another occasion at Rohini Jail for identification of the accused persons but the accused refused to join the TIP proceedings. He has testified that on the next day of the incident, he was informed by the police that his Esteem car was recovered which he subsequently took on Superdari and later on he came to know that his laptop and mobile phone were also recovered by the police which were taken by him on Superdari. The witness has proved having produced the copy of RC of Esteem car (mark A) and bill receipt of mobile phone (mark PW2/C) to the police which was seized vide memo Ex.PW2/B.

8. In his cross­examination the witness has deposed that he is a Graduate and can read, write and speak Hindi as well as English. He has admitted that his statement Ex.PW2/A was recorded at Police Station but has denied that no proceedings were conducted by the police officials at the spot of occurrence and states that they inquired from him about the incident. He has deposed that police also prepared site plan of the spot and also inspected the place from where the accused persons boarded in his vehicle and left him at another place. He has testified that his subsequent statement were recorded on 5.11.2008, 17.11.2008 and 29.12.2008 when he had gone to take his articles on Superdari. According to him, his another statement was recorded by police when he had visited the Court on 20.11.2008 when he identified the accused Zakir Hussain and Zuber who committed robbery. He does not remember if he had stated to the Investigating Officer in his statement that on 20.10.2008 he was coming from Mori Gate and going towards his house. He has further deposed that he had told the Investigating officer in his statement Ex.PW2/A that one of the boy pointed out an open knife on his abdomen. However, when confronted with his statement the words 'on my abdomen' was not found recorded. He also does not remember whether he has stated in his statement Ex.PW2/A that the boy who was sitting on the back seat asked him to close his eyes. He has testified that he had not stated to the Investigating Officer in his statement Ex.PW2/A that when he got down from the vehicle after the incident, another mobile 9312341434 was in his pant pocket which he immediately took out and made a call to police at 100 number. He has further deposed that he had gone through the contents of his statement Ex.PW2/A and after being satisfied himself he had signed it. He has admitted that in his statement Ex.PW2/A the description of all the boys/ persons was not mentioned by the police or that he had not stated that he had seen the faces of those three persons. The witness has also admitted that the company, model and colour in respect of the mobile and laptop was not mentioned in his statement Ex.PW2/A and that the robbed mobile and laptop of similar model and colour were available in the market easily. According to the witness, he did not appear before any Magistrate to identify his mobile and laptop and has voluntarily added that every mobile has unique IMEI Number. He has denied the suggestion that he had seen the accused Zuber for the first time in the Court and has admitted that he had seen him previously on 20.11.2008.

On one occasion, I was called by the police at Tihar as well as on one occasion, i was called at Rohini Jail for identification of accused persons. The accused persons refused to join TIP proceedings.

On the next day of the incident , I was informed by the police that my Esteem car was recovered . It was subsequently taken by me on superdari.