STATE Vs. SHAMSHER SINGH

JUDGEMENT

(1.) The present appeal arises out of the judgment dated 10.06.2016 passed by the Learned ASJ, West, Tis Hazari Courts, whereby the respondent's appeal against a judgment dated 27.03.2015 and the order on sentence dated 27.05.2015 convicting him for an offence punishable under Section 409 of the Indian Penal Code, 1860 ( IPC ) was allowed and he was acquitted of the offence for which he was charged.

(2.) By way of the impugned judgment, the learned ASJ also set aside the order on sentence dated 27.05.2015, whereby the respondent was sentenced to undergo rigorous imprisonment of three years and to pay a fine of Rs. 10,000/- for the offence punishable under Section 409 of the IPC.

(3.) The case set up by the prosecution is that on 02.07.2003, the respondent, who was posted as Head Constable at PS Kirti Nagar, was issued a 9 mm pistol having body no. 1621-7120 with butt number DP 5918, alongwith 10 live cartridges. It is alleged that on 07.07.2003, HC Vinay - MHC(M) of PS Kirti Nagar - came to know that the respondent has not returned the pistol and live cartridges and the same was recorded by HC Vinay through a diary entry DD no. 44B dated 07.07.2003. Thereafter, HC Dalbir was sent to the house of the respondent and after his return, he disclosed that the respondent had suffered injuries. According to HC Dalbir, the respondent had informed him that as a result of falling down, his pistol got damaged and he would deposit the same after getting it repaired. It is further alleged that several visits were made to the respondent's house by police officials but the respondent did not deposit the said pistol and the cartridges at the police station.