SAPNA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This revision petition filed under Section 397/401 Cr.P.C is directed against the order dated 08.05.2018, passed by the Additional Session Judge- 02, (South), Saket Courts, New Delhi in Criminal Appeal No.27/2017 where by the Additional Session Judge has dismissed the appeal filed by the petitioner and has affirmed the order dated 08.11.2016, passed by the Metropolitan Magistrate, Saket Courts, New Delhi. The learned Metropolitan Magistrate, New Delhi by order dated 08.11.2016 has acquitted the respondents No.2, 3 and 4 for offences under Sections 323/448/34-IPC arising out of FIR No.368/09, dated 10.10.2009, registered at Police Station Sangam Vihar, New Delhi.

(2.) The petitioner states that she is the owner of the property bearing H.No. 1125, Gali No. 19, Sangam Vihar, Delhi. It is stated that she is in possession of the said property since June, 2004. It is stated in the revision petition that on 01.10.2009, the accused and his associates broke open into the house of the petitioner and threw away the household goods of the petitioner in her absence and took away the jewellery and other articles and documents. It is stated that on her return the petitioner went to the Police Station. However, the records indicate that FIR bearing No. 368/09 was registered on 10.10.2009 at Police Station Sangam Vihar, Delhi for offences under Sections 448/323/34 IPC. After investigation charge-sheet has been filed. On being summoned the accused entered appearance, they pleaded not guilty and claimed trial.

(3.) Proceedings were initiated against the accused. In order to prove the guilt, prosecution examined 5 witnesses.