KRISHNA KANT Vs. STATE

JUDGEMENT

(1.) The instant appeal filed under Sec. 374 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') arises out of the impugned judgment dtd. 21/3/2009 and order on sentence dtd. 24/3/2009 passed by learned Additional Sessions Judge, Fast Track Court, Central, Delhi ('Trial Court') whereby the appellant was convicted in case FIR bearing number 590/1998 under Ss. 328/379/411 of Indian Penal Code, 1860, ('IPC') registered at Police Station I.P. Estate.

(2.) To summarise briefly the facts of the case, the present FIR was lodged on 11/11/1998, on the complaint of one Sh. Tek Chand who was driver by profession. The complainant had stated that his car was hired by the accused from Ballabhgarh to Delhi on 7/11/1998, and they had reached I.T.O, Delhi at about 1:00 pm. Upon reaching there, the accused had told the complainant to stop the car near a rehri and he had allegedly administered certain stupefying drug to the complainant by mixing the same in juice and had told the complainant to take the car behind Hans Bhawan by the side of a Hotel/Dhaba. The complainant stated that thereafter, he had lost consciousness and had regained consciousness only at about 10:00 am and he could not find the alleged person and his car was also missing. The complainant kept on searching his car and being unable to find the same, he lodged a report on 11/11/1998 at Police Station I.P. Estate, upon which present FIR was registered under Ss. 328/379 IPC. During the course of investigation, the police was unable to either apprehend the accused or recover the stolen car and on 17/2/99 an untraced report was filed in the case. However, on 22/3/1999, information was received from Police Station Hari Nagar about recovery of stolen car no. DNA 6200 from possession of the appellant and arrest of the appellant pursuant to registration of case FIR no. 216/1999 under Sec. 411 IPC at Police Station Hari Nagar. Subsequently, the said FIR was clubbed with the present FIR registered with Police Station I.P. Estate.

(3.) After completion of investigation, charge sheet was filed for offences punishable under Ss. 411/379 IPC and initially, charge under Sec. 379 IPC was framed against the appellant by the learned Metropolitan Magistrate on 11/5/2001 with the alternative charge for offence punishable under Sec. 411 IPC and the appellant was put to trial.