STATE Vs. DHANRAJ @ MANISH

JUDGEMENT

(1.) The present appeal has been preferred by the appellant/State under Sec. 378 Cr.P.C. assailing the judgment dtd. 7/11/2014 passed by the learned ASJ-07, Central District, Tis Hazari Courts, in the case arising out of FIR No. 23/2012 registered at P.S. Pahar Ganj, to the extent that the respondents herein were acquitted against the charge under Ss. 397/34 IPC. Notably, the leave to appeal was granted on 23/5/2017.

(2.) The case of the prosecution, in brief, as noted by the Trial Court, is as follows:-

(3.) The prosecution examined 12 witnesses in support of its case, the key among them being PW-3/Sharda Sharma, the complainant; PW-4/Pardeep Kumar, the colony security guard who apprehended the respondents herein along with some other members of the colony; and PW-5, a member of the colony. The husband of the complainant (PW-7) was not present at home at the time of the incident and simply identified his purse upon it being produced in Court. PW-9, the second chowkidar (guard) deputed in the colony at the time of the incident stated that he did not know anything about the case. PW-6, the president of the colony at the time, confirmed that PW-4 and PW-9 were deputed as security guards in the colony at the time of the incident. The remaining witnesses, including the first I.O., ASI Rajmal Singh (PW-11); the Head Constable who assisted him with the present case, HC Raj Kumar (PW-10); and the second I.O., ASI Hira Lal (PW-1), were police officials who deposed as to various aspects of the investigation.