STATE DELHI ADMINISTRATION Vs. RAVINDER KUMAR ALIAS RAVI

JUDGEMENT

(1.) This is an appeal preferred by the State against a judgment dated 1.4.80 of Shri J.K. Pali, Metropolitan Magistrate, New Delhi, acquitting the two respondents, namely, Ravinder Kumar @ Ravi Kumar and Kailash Chand, who were charged and tried for offences under Section 411, 414 and 471/34 Indian Penal Code.

(2.) Case of the prosecution, in a nutshell, is that Major S.K.Chakravarti lodged a written report dated 4.1.77 at Police Station Delhi Cantt., stating that on 3.1.77 at about 2000 hrs., from the Army Hospital, he lost his Bajaj Scooter of light grey (near white) colour bearing registration No.DHJ-6266. On the basis of this information, formal FIR No.8/77 dated 4.1.77 (Ex.Public Witness-7/A) was registered. On 17.11.77, Sl Bhag Chand (Public Witness-13) along with other officers of the Crime Branch, Delhi Police including ASI Gurcharan Singh (Public Witness-6) and Sl Risal Singh (Public Witness-8), arrested accused Ravi from Village Kanwali, P.S. Khool, Near Rewari, Distt. Mahender Garh, in the State of Haryana. He disclosed that he, along with accused Kailash Chand, had sold a scooter to a person in village Dharan and that he could get the scooter recovered from that place. His statement was recorded in the form of a memo (Ex.Public Witness-6/A). Accused Ravi then led the police party to village Dharan, P.S. Bhawal also in Distt. Mahender Garh. There, he pointed out the house of Suraj Bhan Public Witness-4, who produced a second hand scooter together with four documents, which were taken in possession vide Seizure Memo (Ex.Public Witness-4/D). In the month of June, 1978, Sl Jaipal Singh Public Witness-11 obtained from Dehradun an extract ofthe record maintained by the Registration Authority in respect of scooter No.USK-4690 mentioned in the Seizure Memo (Ex.Public Witness-4/D). Later, Sl Puran Singh Public Witness-3, took up the investigation. He examined, among other aspects, record of the Regional Transport Office, New Delhi concerning the stolen scooter No.DHJ-6266 of Major S.K. Chakrarvarty. He arrested accused Kailash also, and put up the Challan against the accused Ravi and Kailash for the offences under Section 379/ 411/471 Indian Penal Code.

(3.) An application (Ex. Public Witness-9/A) was moved by Prehlad Singh Public Witness-9 before the trial Court, for obtaining specimen hand-writing of accused Kailash, on the plea that two receipts representing payment of the sale price ofthe scooter produced by Suraj Bhan Public Witness-4 and mentioned in the Seizure Memo (Ex.Public Witness-4/D), were alleged to be executed by him. that he was proclaimed offender and had been recently arrested. Accused Kailash declined to give his specimen hand-writing. This fact was recorded by way of an endorsement (Ex.Public Witness-10/A) made on the application by Smt. Mamta Sehgal, Metropolitan Magistrate (Public Witness-10).