STATE Vs. TANVEER

JUDGEMENT

(1.) The State has filed the present application seeking leave to appeal against a judgment dated 24.09.2016 (hereafter the impugned judgment ), whereby the respondent was acquitted of the offences under Sections 398/397/34 of the Indian Penal Code, 1860 (IPC). The Trial Court held that there were glaring discrepancies and inherent improbabilities in the testimony of PW-2 and thus, it held the same to be unreliable. The Trial Court held that the investigating agency failed to procure enough evidence to convict the accused. Another reason enunciated by the Trial Court was that there was an inexplicable delay in filing of the FIR. Moreover, a copy of the relevant DD (DD No. 6- A dated 15.10.2013) was also not placed on record. The complainant (who was examined as PW-2) did not consent for medical examination. This, according to the Trial Court, also cast a shadow of doubt over the version of the prosecution.

(2.) It is the prosecution s case that the Trial Court has failed to appreciate that PW-2 s testimony fully supports the version of the prosecution. It is contended that there is no reason for PW-2 to falsely implicate the accused since there was no enmity between PW-2 and the accused. The prosecution further contends that the Trial Court has ignored the explanation provided for the delay in filing of the FIR. It is also the case of the prosecution that the Trial Court has failed to appreciate the fact that the accused himself had refused to join Test Identification Parade (TIP) proceedings and the complainant had identified the accused in court. It is contended that the Trial Court also failed to appreciate that the alibi of the accused did not stand in view of the testimony of DW-1 (wife of the accused).

(3.) Sh. Ankur Gupta (PW-2 - the Complainant) had reported that on 14.10.2013, at about 11:15 p.m., he was driving his car bearing registration number DL-7CJ-2421 beneath Mayur Vihar Flyover, when he received a telephonic call on his mobile phone. It is alleged that he stopped his vehicle and stepped out to attend to the call. At that stage, one person came from behind him and put a knife on his neck and pushed him back inside his car. Thereafter, three more persons entered the said vehicle. The complainant alleged that the said persons took his gold chain, purse and mobile phone. The said persons then forced the complainant to assume a crouched position on the rear seat of the vehicle and drove around in the car for about two hours. It is stated that they stopped to purchase alcohol and consumed the same in the said vehicle. Next, they stopped at an ATM but could not withdraw any cash. They also stopped at a petrol station and filled fuel in the said vehicle. The complainant was then thrown out of the said vehicle on National Highway - 24 and the accused fled from the spot with the said vehicle. Thereafter, the complainant gave a written statement to the police at around 4:30 a.m. on 15.10.2013. On the basis of the said complaint, FIR No. 360/2013 under Sections 392/397/34 of the IPC was registered with PS Mayur Vihar.