SALEEM @ PINNI Vs. STATE

JUDGEMENT

(1.) ON 28.08.2001, Sub Inspector Viresh Kumar of Police Station Lahori Gate, on receipt of information with respect to an armed dacoity reached Gandhi Gali where Mr. Rakesh Kumar Gupta met him and told him that three boys had snatched an attachi (briefcase) containing Rs.17.35 lac from his employee Mr. Vasudev, who was present in Nai Basti. Thereupon, the police officers reached near House No.2578, Nai Basti where the complainant Mr. Vasudev was found present and his statement was recorded by the police officer. Mr. Vasudev told him that on that day, at about 12 noon, his employer Mr. Rakesh Kumar Gupta along with another employee Mr. Sunil Kumar withdrew cash from the bank which were counted by him and Mr. Sunil Kumar and found it Rs.17.35 lac. They then put the seal of their firm on the bundle of currency notes. Keeping the currency notes in a suitcase, he and Sunil left for Punjab and Sind Bank for depositing the cash in that bank. Three vouchers duly filled were also handed over to him by Mr. Rakesh Gupta. The suitcase was in the hands of Mr. Sunil Kumar and he was following Sunil. When they reached in front of a house at about 12.50 pm, three boys, aged about 25 -26 years, two of whom were carrying revolvers in their hands abused them, put the revolvers on their temples and snatched the suitcase. One of the boys left with the suitcase containing the cash whereas two boys shut him and Sunil in a staircase. After they had been confined in the staircase for about two minutes, they raised alarm, hearing which the labourers opened the door. He asked Mr. Sunil to inform the employer and ran in the street in which the boys had run. On the way, he also informed his employer Mr. Rakesh Gupta. When he reached the shop in Gandhi Gali, and rang up Mr. Rakesh Gupta on his mobile, he asked him to reach the place of incident. He also claimed that he could identify the boys if brought before him. An FIR under Section 392/397/34 of IPC was registered on the aforesaid statement of Mr. Vasudev.

(2.) THE case of the prosecution is that during the course of investigation, a secret information was received that Salim @ Pinni and Harsh Kumar @ Honey were involved in the aforesaid incident. Both of them were interrogated on 22.11.2001, but nothing came out in the interrogation. On the same day, they were arrested while going towards Old Delhi Railway Station and pursuant to a disclosure statement made by him, accused Salim @ Pinni got recovered Rs.15,000/ - from his house whereas accused Harsh Kumar @ Honey got recovered Rs.5,000/ - from his house on the same day. On the basis of disclosure statement made by the aforesaid two persons, accused Naushad and Salim Roti @ Dilshad were arrested. It is also the case of the prosecution that Salim Roti got recovered Rs.10,000/ - from his house on 25.11.2001 where Naushad got recovered Rs.90,000/ - from his house. Accused Pappu Teli is also alleged to have got recovered Rs.20,000/ - from his house on 12.02.2002. As many as nine persons namely Saleem @ Pinni, Harsh Kumar @ Honey, Naushad, Pappu Teli @ Ishtqar, Shadjad @ Ballu, Shakeel, Saleem Roti @ Dilshad, Ibrahim @ Baddu and Abid were charge sheeted. Abid was declared proclaimed offender whereas Salim Roti and Ibrahim expired during trial.

(3.) MR . Sunil came in the witness box as PW19 and corroborated the deposition of the complainant. He deposed about putting stamps on the bundle of currency notes and snatching of suit case from his hands. He also deposed with respect to he and the complainant having been shut in a staircase. He further stated that after the door of the staircase was opened, they informed Mr. Rakesh Gupta and went in the street to look for the culprits. He claimed that when he was going towards the shop, Mr. Rakesh Gupta met him in the street. He and Mr Rakesh Gupta had hardly walked for two paces when two persons out of those who had looted the money, were seen coming from the front side. One of them was carrying the suitcase which had been used for carrying the money. When Mr. Rakesh Gupta inquired from him as to whether it was the same suitcase in which the money had been taken and he identified the suitcase, one of those persons put a revolver and threatened to shoot. Being scared, Mr. Rakesh Gupta asked them to go away and informed the police. However, he also expressed his inability to identify the person who had robbed them at gun point.