STATE (NCT OF DELHI) Vs. NARENDER

JUDGEMENT

(1.) This appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") is directed against the judgment of acquittal dtd. 17/9/2014, passed by the learned Special Judge, Tis Hazari Courts, Delhi, in connection with FIR No.575/2002 registered at Police Station Paharganj, Delhi for offence punishable under Ss. 379/356/411 of the Indian Penal Code 1860 (in short "IPC").

(2.) The prosecution case in short is that on 20/11/2002, complainant Raja Singh was attending the marriage ceremony of his colleague at Ambedkar Bhawan, Rani Jhansi Road, Paharganj, Delhi. At about 11:15 PM, when he tried to take out his mobile phone (make Trium IMH No.382198842868206) from the mobile cover, which was tied with his waist belt. He realised that the accused had stolen the mobile phone (hereinafter referred to as respondent) from his waist. Further, the complainant stated that after his phone got stolen, he and his associates (friends) chased the respondent and subsequently, with the help of the Constable Budh Singh, the respondent was apprehended. Name of the accused was disclosed as Narender S/o Nathu Ram (respondent) and along with him, the belongings of the complainant were recovered. The FIR for offences punishable under Ss. 379/356/411 of the IPC was registered against him. After investigation, charge-sheet for offences punishable under Sec. 379 of the IPC was filed.

(3.) The respondent pleaded not guilty and claimed trial. The learned trial court vide Judgment dtd. 17/9/2014 convicted the appellant under Sec. 379 IPC, and sentenced him to undergo simple imprisonment for 2 year and fine of Rs.10,000.00 was imposed. In lieu of fine, further simple imprisonment has been directed.