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2012 Supreme(Del) 1639
High Court of Delhi
SURESH KAIT
Rajesh Tyagi
Versus
State (N.C.T. Of Delhi)
CRL.A No. 137 OF 2004
Decided on : 03-07-2012
For the Appellants:Anil Nag, K.K. Tyagi & Iftekhar Ahmad, Advocates.
For the Respondents: Naveen Sharma, APP.
The main legal point established in the judgment is the importance of promptness in investigation, the reliability of witness identification, and the need to address irregularities in the TIP process and custody of the accused.
Headnote:
Indian Penal Code - Offence - Sections 365/395 - Summary of Acts and Sections: The court discussed the application of Sections 365/395 of the Indian Penal Code and the benefit of Section 428 Cr.P.C. extended to the appellant. The judgment also highlighted the lack of promptness in the investigation and the failure to collect vital scientific evidence.
Fact of the Case:
The appellant challenged the judgment dated 13.02.2004, whereby he was held guilty and convicted for the offence punishable under Sections 365/395 of Indian Penal Code. The prosecution's case was based on the abduction of the complainant and the robbery of cash and lottery tickets. The witnesses' identification of the appellant was a crucial aspect of the case.
Finding of the Court:
The court found that the investigation was conducted casually, with no promptness shown in collecting vital scientific evidence. The court also noted discrepancies in the identification of the appellant by the witnesses. The appellant's plea of being shown to the witnesses before the TIP and the irregularities in his custody were considered, leading to the conclusion that the appellant was wrongly convicted.
Issues: The issues revolved around the identification of the appellant, the lack of promptness in the investigation, and the irregularities in the appellant's custody and TIP process.
Ratio Decidendi: The court's decision was influenced by the lack of promptness in the investigation, discrepancies in witness identification, and irregularities in the appellant's custody and TIP process. These factors led to the conclusion that the appellant was wrongly convicted.
Final Decision: The appellant was acquitted from all the charges against him, and the impugned judgment and order on sentence were set aside. The trial court record was remitted, and the appellant's bail bond was cancelled.
SURESH KAIT, J.
1. Vide the instant Appeal, the appellant has challenged the judgment dated 13.02.2004, whereby the appellant has been held guilty and convicted for the offence punishable under Sections 365/395 of Indian Penal Code.
2. The appellant has also assailed the order on sentence dated 17.02.2004, whereby he was sentenced to undergo RI for a period of five years and also to pay a fine of Rs.25,000/- and in default of payment, he shall further undergo SI for one year for the offence under Section 365 of Indian Penal Code. He is further sentenced to undergo RI for a period of five years and also to pay a fine of Rs.25,000/-and in default of payment, he shall further undergo SI for one year for the offence under Section 395 of Indian Penal Code.
3. Both the sentences were directed to run concurrently. Benefit of Section 428 Cr.P.C. also extended to the appellant.
4. Brief facts of the prosecution are that on 17.03.1997, one Suresh Chand Arora was travelling in his FIAT Car bearing No.DEC-9496. He was doing a job of selling of wholesale lottery tickets from his house. He has a servant, namely, Harender. He used to purchase the lottery tickets from Deepak Agency, Moti Nagar and for that purpose he used to go in the evening of everyday for purchasing these tickets and for handing over the winning lottery tickets to him and for that purpose he also used to carry cash with him.
5. On that particular day, i.e. 17.03.1997 at about 7.10 PM when he was going in his FIAT car with carrying a cash of Rs.70-75 thousands and winning lottery tickets of worth Rs.5.25 lakhs in bag, kept in the dickey of the car and his servant was sitting on the back seat of the car. He was driving the said car. When he reached at Palam Road, East Sagarpur, he found that one SUMO vehicle, suddenly came from behind and stopped in front of his car. Three-four boys got down from the SUMO vehicle and so he also had to stop his car. All those boys came towards his car. One boy opened the backside left door of the car and entered. Two boys came to his side and opened the door and entered in the car and one boy pushed him inside the car. His mouth and neck was pressed and he was pushed down in the car towards the side of the window and one boy sat on the steering wheel of the car. The boy who entered from the left back door of the car overpowered his servant and gagged his mouth and had also pushed him down and they started driving the FIAT car. They turned the car to one road and they travelled for about 20-25 minutes. Meanwhile those boys released him a bit and then he saw that the SUMO vehicle was parked at the place where his FIAT car was stopped by them and all the boys went running to the SUMO vehicle and entered in it and one of the boys was carrying his bag containing tickets and money. At that time his car was stopped at Jail Road, near Tihar Jail gate. He tried to release himself from the clutches of those boys but they used more pressure as a result he received injuries. He also did not find the keys of his vehicle. His servant Harender noted down the No. of TAT Sumo as DL2C 7986. He kept searching for his key for sometimes. Thereafter he took the duplicate key of the vehicle which was lying the papers of the car and went to Tilak Nagar, Police Station. The said Police Station informed that Jail Road fell into the jurisdiction of P.S. Hari Nagar. So he went to P.S. Hari Nagar and lodged his report.
6. The story of the prosecution further goes that upon that FIR was registered and the investigation was entrusted to SI Rakesh Giri, who prepared the site plan and recorded the statements of the witnesses. When he went on medical rest, the investigation was assigned to SI Kuldeep Singh, who seized the TATA Sumo No.DL2C 7986, which was seized under Section 102 Cr.P.C. at P.S.Hari Nagar and arrested accused Manjeet Singh and Majid Khan including the appellant.
7. Accused Ashok and Manjeet could not be found so processes under Sections 82/83
