IKRAM ANSARI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) ON 10th July, 2006, Police Control Room was informed regarding a theft in House No.45, Gagan Vihar, Mandawali. Police Control Room transmitted the said information to Police Station Preet Vihar where it was recorded vide DD 23A and a copy of the said DD was given to ASI Rajender Prasad for necessary action. On reaching House No.45, Gagan Vihar, ASI Rajender Prasad met the complainant Ruchi Gupta, wife of Shri Alok Jain and recorded her statement Ex.PW1/A . The complainant informed the police officer that on 6th July, 2006, she had lodged a complaint with Videocon with respect to malfunctioning of their AC. On Saturday, at about 2.30 pm, two boys visited their house at the time she was alone, and after examining the AC, they promised to come on Monday to rectify the fault. She further stated that on 10th July, 2006 at about 2.45 pm, two boys came to their house and told her son Kunal, who was standing outside, that they had come to repair the AC. On being informed in this regard by Kunal, she brought them inside and showed the AC installed in the room to them and then went back to the kitchen. Kunal came to the kitchen and informed her that the boys were asking for water. She took out the water bottle from the fridge and had poured the water into the glasses when one of the boys aged about 24 -25 years came inside, covered her mouth with one hand and showed a knife to her with the other hand. Being scared, she screamed, whereupon that person threatened to kill her, in case she raised alarm. She thereupon asked him to spare her and her children and take whatever they wanted. He then took her to the room where she found both her sons having been made to sit in the position of a cock. The other boy who was wearing a grey colour check shirt showed a pistol as well as bullet to her and threatened to shoot her. Being scared, she told them about the cash and gold chain. The boy took out Rs.12 lakhs from the almirah besides one gold chain, one mobile of Samsung make, one watch and a purse containing Rs.10,000/ -, in cash. She and her children were ushered in the attached toilet and tied with a cloth string(nada) and a bed sheet. After some time, her maid servant came there and released them. On coming out, she found that the telephone wires had been disconnected. On the next day, she gave a list of other articles, which she found stolen from her house.

(2.) THE case of the prosecution is that on making enquiry at the Service Centre, the IO came to know that on 8th July, 2006, the appellant Badar @ Azharuddin and one Sumit were sent to attend to the complaint made by Smt.Ruchi Gupta and they had fixed 10th July, 2006 to repair the fault. This is also the case of the prosecution that the appellant Badar @ Azharuddin was interrogated on 11th July, 2006 and during interrogation he claimed that he was with the appellants Nadim and Ikram Ansari. This is further the case of the prosecution that a number of contradictions were noticed on interrogating Nadim and Ikram Ansari. It was also found that Nadim was a bad character of P.S. Mandawali. Thereupon, the appellant Badar @ Azharuddin was further interrogated on 13th July, 2006 and in the night of 13/14th July, 2006, he led them to House No.B -175 Gali No.5, Mandawali and got recovered Rs.1,35,000/ -, in cash, besides one silver glass from a dewan kept in his house. This is also the case of the prosecution that the appellant Nadim, when interrogated by the police made a disclosure statement and got recovered 1,07,000/ - , in cash besides one gold chain from a wooden canopy in his house No.B -210, Gali No.3, Mandawali. One knife is also alleged to have been got recovered by him. The case of the prosecution is that thereafter they interrogated the appellant Ikram Ansari who got recovered Rs.1,09,300/ - , besides one pair of silver pajeb from his house. The appellant Nadim, according to prosecution led the investigating officer to the house of the appellant Fareed in Lahori Gate and a sum of Rs.3,02,000/ -, in cash, besides one pair of silver kada is alleged to have been recovered from the kitchen of his house.

(3.) VIDE impugned judgment dated 20.12.2012 and Order on Sentence dated 4.1.2013, the appellant Ikram Ansari was convicted under Section 412 of IPC and was sentenced to undergo R.I. for three years and to pay a fine of Rs.1000/ - or to undergo SI for one month, in default, whereas the remaining appellants were convicted under Sections 452/395/34 IPC. They were sentenced to undergo RI for four years each and to pay a fine of Rs.1000/ - or to undergo SI for one month each, in default under Section 452 IPC. The appellants Usman and Azahruddin Badar were further sentenced to undergo RI for five years and to pay a fine of Rs.1000/ - each or to undergo SI for one month each, in default under Section 395 of IPC. The appellants Mehfooz Islam, Nadim and Farid were sentenced to undergo RI for seven years each and to pay fine of Rs 1,000/ - each or to undergo SI for one month each in default under Section 395 of IPC read with Section 397 thereof.