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1. The present case arose out of FIR No. 124/2018, PS Nabi Karim. The prosecution case, in substance, is that in the early hours of 11.04.2018, at about 3:50 AM to 4:00 AM, accused Mahesh allegedly entered House No. L-142, 1st Floor, Laxman Puri, Nabi Karim, Delhi, by way of the neighbouring Digitally RAJ signed KUMAR by RAJ SINGH KUMAR SINGH STATE Vs. MAHESH PS Nabi Karim Sections: 457/380/511 IPC roof, with intention to commit theft. It is the case of the prosecution that complainant Anil Kumar, who was sleeping in the house, woke up on hearing some noise, found one boy inside the room, raised alarm, and thereafter, with the help of his brother Rajesh, apprehended the said person and handed him over to the police. On the basis of the complaint so made, rukka was prepared and the present FIR came to be registered.

3. Before adverting to the evidence, it would be appropriate to notice the legal ingredients of the offences in question. To bring home the charge under Section 457 IPC, the prosecution was required to establish that the accused committed lurking house trespass by night or house breaking by night, and that such entry was with intent to commit an offence punishable with imprisonment, in the present case, theft. To establish the charge under Sections 380/511 IPC, the prosecution was required to prove that the accused, having Digitally RAJ signed KUMAR by RAJ SINGH KUMAR SINGH STATE Vs. MAHESH PS Nabi Karim Sections: 457/380/511 IPC the intention to commit theft in a dwelling house, had proceeded beyond mere preparation and had done some act towards commission of theft, though the offence remained incomplete.

15. After closure of prosecution evidence, statement of the accused under Section 313 CrPC read with Section 281 CrPC and Sections 316 and 351 BNSS was recorded. All incriminating circumstances were put to him. The accused claimed innocence, pleaded false implication and opted not to lead defence evidence.

RAJ KUMAR SINGH Digitally signed by RAJ KUMAR SINGH STATE Vs. MAHESH PS Nabi Karim Sections: 457/380/511 IPC

34. In view of the aforesaid discussion, this Court is of the considered opinion that the prosecution has failed to prove beyond reasonable doubt that accused Mahesh committed lurking house trespass by night in the house in question with intention to commit theft, or that he attempted to commit theft of articles lying therein. The essential ingredients of the offences under Sections 457 and 380/511 IPC have not been proved against him.

35. Consequently, accused Mahesh S/o Sh. Inder Singh is acquitted of the offences punishable under Sections 457 and 380/511 IPC by extending to him the benefit of doubt.