Further, PW5 HC Ajay Pal was the IO of the case who at
the instance of the complainant reached at the spot and searched
for the accused as well as the case property. However, later on the
State vs. Sunil Sharma FIR no.340/05
5
accused was arrested in another case with case property on which
he filed an application for production warrants of the accused and
thereafter, he took the case property from PS Partapupr and
deposited the same in PS Farsh Bazar. Thus, the witness was
nothing to say about the occurrence or about the guilt of the
accused and also came to the witness box to prove the documents
prepared during the course of investigation by him and other
proceedings.
If we see the site plan it shows that there were two shops, one is STD &
Photostate shop and other is Tour and Travel on the side of shop in question. Even one of the
photograph EX.P1which were placed on record shows that there was an electrostate shop beside
the shop of Friends Rui Machine. The photographs placed on record some how shows that
complainants were in possession of the shop at one point of time but in the entire prosecution
evidence no concrete evidence came as to who trespassed into the property. There are material
contradiction in the evidence as to how the accused persons trespassed into the property. As per
statement of PW1, the act of removal of belonging of the shop of complainant continued for
various days but despite this no action was taken by the police and which was never the case of the
FIR NO. 135/99 State Vs. Sushil Sharma & Ors. 5/6
prosecution at the first instance. As per original case of the prosecution whatever happened,
happened in the midnight of 3/4 March 1999 and the present case was registered on 04031999
that is there and then. Nothing incriminating could be recovered from the spot nor the goods of the
complainant were recovered from the premises in question, though as per PW1 the same were lying
in the shop itself and even no such allegation was made in the complaint by the complainant that
there goods are lying in the shop itself. Despite the facts that goods were alleged shifted from
there, even after various days no public witness, photographs placed on record showing all these
things happening. Neither the supplementary statement of witnessese were recorded in this regard
and it is very surprising that complainant kept on watching the same as mute spectator and no
second complaint was filed in this regard. It is also pertinent to mention here that as per
complainant accused persons were found at the spot when police visited there in the midnight of
34 March 1999 but no efforts were made by the police to get the shop opened to verify that whose
goods are lying at the shop. Had there been any collusion between the police and accused persons
they would not have registered the FIR there and then. The registration of FIR on the spot itself
which is undisputed in itself raises a presumption that a prompt action was taken on the complaint
of complainant by the police and it shows that accused persons were not at the spot when police
visited there. In these circumstance, I am of the opinion that prosecution has failed to prove its case
beyond reasonable doubt against the accused persons that they trespassed into the property as there
is likelihood that complainant himself on his own vacated the property and later on they lodged this
complaint due to which nothing could be found at the spot nor any independent public witness
could be joined in the investigation. Hence in these circumstance, accused persons deserve benefit
of doubt, hence accused persons are acquitted for the offence U/s 448/34 IPC. File be consigned to
Record Room.
State Vs. Sunil Sharma & anr. GUPTA 2022.08.08
16:34:27 Page 11 of 13
+0530
12
also handed over by the complainant on 10.05.16 i.e. almost after
01 and a half year of lodging the FIR. All these recoveries seems
to be subsequent and an afterthought. No FSL result has been
obtained by the IO with respect to the blood stains on the clothes
seized vide memo Ex. PW2/4 that the blood on the said clothes is
of the date of the incident i.e. 30.08.14.
In State v. Sushil Sharma (Delhi)
2007 Cri.L.J. 4008, the Hon'ble High Court had observed on the issue of
FIR No. 541/05 PS Shakarpur State Vs Manoj Kumar Page no.7 of 11
reliability of evidence of police witnesses that :-
The prosecution has also relied
upon the authority State Vs Sushil Sharma
reported in 2007 Vo.l II AD (CR) (DHC) 289 where
the deceased Naina Sahni after being killed in
1085
gruesome manner, bullets were noticed embedded
in her skull and neck region and was thereafter
burnt in a Tandoor. It is claimed that in this case
also appellant was given death penalty on the
ground that the act of the appellant reflected
extreme depravity when he killed Naina Sahni
and dealt with her body in a gruesome manner
which must have shocked the conscience of the
community at large. The prosecution has further
relied upon the authority reported in 1999 SCC
Page 581 wherein the two convicted accused had
after raping and murdering one girl had thrown
her dead body into a septic tank. This postcrime
conduct of the convicts was commented upon by
the Hon'ble Supreme Court in these words ''the
accused did not even stop there but they
exhibited the criminality in their conduct by
throwing the dead body into the septic tank
1086
totally disregarding the respect for a human
body''. The Spl. PP for State has prayed that both
the accused deserve extreme penalty of death.
1. This petition has been filed under Section 439(2) read with
Section 482 of the Code of Criminal Procedure, 1973 (in short,
'Cr.P.C.'), praying for cancellation of anticipatory bail that was
granted to the respondent no.2 vide Order dated 03.02.2021 passed by
the learned Additional Sessions Judge-02, South-East District, Saket
Courts, New Delhi in BA No.289/2021, titled as State v. Sunil
Sharma.
In the present case, the allegations against the accused are that
he absconded during trial of the case wherein FIR No. 198/18 PS Vikas
Puri, titled as State vs. Sunil Sharma. It is alleged that since the
accused was concealing himself and was avoiding the execution of
warrants, this Court had, by order dated 16.11.2023 declared the
accused as an absconder. On the basis of the said allegations, it is
alleged that accused has committed the offence punishable under
Section 174A of Indian Penal Code.
1. Vide the present petition, the petitioner seeks direction thereby to
quash the order dated 22.10.2016 passed by Special Judge NDPS-02,
(central), Tis Hazari Courts, Delhi in FIR No.82/15, P.S Crime Branch, in
case titled as State vs. Sunil Sharma, whereby an application bearing no.
M.A. No. 36/2016 Under Section 91 of the Code of Criminal Procedure was
Crl.M.C.1851/2017 Page 1 of 3
disposed off.