MOHD. SHAKIR Vs. STATE

JUDGEMENT

(1.) Rustam and Mohd. Shakir (the appellant) were arrested in case FIR No. 618/92 PS S.N.Puri and sent for trial for committing offences punishable under Sections 328/379/411/34 IPC on the allegations that on 01.10.1992 at about 02.00 P.M. near Bus Stand Hari Nagar Ashram, they administered stupefying substance in a 'fruity' to Rajesh and deprived him of TSR No. DL-1R-1486, documents of the scooter and cash Rs. 170/-. Rajesh lodged First Information Report after he regained consciousness on 02.10.1992. TSR No. DL-1R-1486 was recovered lying abandoned on 03.10.1992. Both the accused persons were arrested and at appellant's instance, stepney kept in the TSR was recovered from his house. During the course of investigation, statements of the witnesses conversant with the facts were recorded. The prosecution examined seven witnesses to substantiate the charges. In their 313 statements, the accused persons denied complicity in the offence and pleaded false implication. The trial resulted in Mohd. Shakir's conviction under Section 328 IPC while Rustam was acquitted of the charges. It is apt to note that State did not challenge the judgment.

(2.) I have heard the learned counsel for the parties and have examined the record. The prosecution did not examine any witness to prove administration of stupefying substance to the complainant Rajesh while he was driving TSR No. DL-1R-1486. The complainant was not taken for medical examination. The Investigating Officer did not send any material / contents of the stomach to Forensic Science Laboratory (FSL) to ascertain if it contained any poisonous substance. No attempt was made to investigate from which shop-keeper three 'fruity' were purchased. When Rustam and Mohd. Shakir had boarded the TSR, they did not have any poisonous substance/ fruity with them. Only on the way they allegedly purchased three 'fruity' and all of them consumed the same.

(3.) In the light of above discussion, the impugned judgment cannot be sustained and is set aside. The appeal is allowed and the appellant Mohd. Shakir is acquitted. Bail bond and surety bond stand discharged. Trial Court record be sent back forthwith.