JITENDER KUMAR SINGH Vs. STATE

JUDGEMENT

(1.) By the present appeal, the appellant challenges the impugned judgment dated 20th August, 2014 convicting him for the offence punishable under Sections 328/394 IPC in FIR No.112/2010 registered at PS Old Delhi Railway Station and the order on sentence dated 29th August, 2014 directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.15,000/ -; in default to undergo simple imprisonment for a period of nine months for the offence punishable under Section 328 IPC and rigorous imprisonment for a period of seven years and to pay a fine of Rs.20,000/ -; in default to undergo simple imprisonment for a period of nine months for the offence punishable under Section 394 IPC. It was further directed a sum of Rs.30,000 be given as compensation to the complainant Smt. Kalpana Dass PW -1 if the fine amount is realized.

(2.) Prosecution case is that on 26th July, 2010 one lady Kalpana Dass, PW -1 with ASI Tara Chand Meena, PW -4 and HC Rajender Singh, PW -9 met Surjan Singh, PW -7, Inspector In -charge, PS GRP Ghaziabad in the circulating area of Railway Station Ghaziabad. Kalpana Dass and HC Rajender Singh told him that on 17th July, 2010 while she was travelling in Brahmaputra Mail which she had boarded from Delhi to Malda, she met one person with whom she became friendly and he also helped her in the train. She told that she had borrowed the mobile phone of that person to make a call to her sister. She also informed that the said person gave her a cold drink laced with some intoxicant substance. After consuming the cold drink, she became unconscious and she was robbed of her cash of Rs.15,000/ - by that person. She further stated that when she returned from Malda she took the number of that person from her sister. She had made a call on the number of said person and asked him to meet her at the booking counter of Railway Station, Ghaziabad. At about 4:30 PM Kalpana Dass pointed towards a person who was standing near the booking counter and on seeing Kalpana Dass that person came towards her and was apprehended at the instance of Kalpana Dass. On interrogation the appellant told his name as Jitender. One black wallet containing Rs.1,175/ - cash, one receipt of SBI Bank, Kanpur for depositing the amount of Rs.5,000/ - on 27th July, 2010 and ten strips of tablets namely NITROZAPAM containing ten tablets each were recovered from the possession of Jitender. On the Zero FIR No.211/2010 under Sections 328/397/411 IPC being transferred from GRP Ghaziabad to Old Delhi Railway Station, FIR No.112/2010 under Sections 379/411/328 IPC was registered.

(3.) Learned counsel for the appellant contends that there are contradictions in the statement of Kalpana Dass PW -1. During her examination -in -chief, she stated that she discovered in train that the money was stolen but during her cross -examination, she stated that she learnt that money was stolen when she reached home. Kalpana Dass has falsely implicated the appellant in the present case because she wanted to marry the appellant but he refused to marry her because he was already married. Kalpana Dass PW -1 was not medically examined. Thus, the allegation with respect to giving some intoxicating substance to her was not medically confirmed. Nothing was recovered from the possession of Jitender. The allegation that the appellant was in possession of intoxicating tablets is false and baseless. The prosecution failed to prove that the money deposited by the appellant in his bank account was a part of alleged stolen money from Kalpana Dass.