The importance of proving the case beyond a reasonable doubt and the caution required in interfering with judgments of acquittal.

VIKRAM AGGARWAL, J.

1. The present appeal is directed against the judgment dated 02.11.2017, passed by Additional Sessions Judge, Fatehabad, vide which the respondent was acquitted in case FIR No.369 dated 21.06.2017, under Sections 379-A of the Indian Penal Code, 1860 (for short ‘IPC’), registered at Police Station, Ratia.

2. The FIR was registered on a complaint (Ex.P1) having been submitted by one Aanchal wife of Sushil Kumar (PW-6). It was alleged by her that on 21.06.2017 at about 8.15 P.M., when she was returning to her house from the market, two boys came on a motorcycle and snatched her bag. The bag contained Rs. 15,000/-, one mobile phone and some urgent papers. Because of darkness, she could not note down the registration number of the motorcycle. She moved a complaint to the police on the basis of which the FIR was registered.

3. The respondent-accused was arrested and upon interrogation, he is alleged to have suffered a disclosure statement, in pursuance to which one mobile phone and Rs.12,000/- in cash were recovered. After the completion of investigation, final report under Section 173 Cr.P.C, was submitted. The prosecution examined six witnesses to prove its case. No evidence was led in defence.

4. By way of the impugned judgment, the respondent was acquitted.

5. Aggrieved by the said judgment, the present appeal has been preferred.

6. I have heard learned counsel representing the State of Haryana.

7. Learned counsel has submitted that the trial Court did not examine the matter in the correct perspective. He submits that the respondent was acquitted on the ground of a proper test identification parade not having been conducted despite the fact that the complainant-Aanchal had duly supported the case of the prosecution while appearing as PW-6. He further submits that recovery of the mobile phone and Rs. 12,000/- had been made from the respondent. He further submits that the recovery had been made in pursuance to the disclosure statement made by the respondent-accused (Ex.P-7). Learned counsel submits that the trial Court gravely erred in acquitting the accused despite the prosecution having proved its case against the respondent-accused beyond shadow of reasonable doubt.

8. I have considered the submissions made by learned counsel representing the State of Haryana and have gone through the impugned judgment.

9. No doubt, the complainant-Aanchal stepped into the witness box as PW-6. In her examination-in-chief, she identified the accused. However, in the cross examination, she stated that the police had called her to the police station and had told her that her mobile phone had been recovered. She stated that when she and her brother went to the police station, the police asked them to sit and listen to their questions put to the person apprehended by them and at that point of time, the accused stated about the snatching of the purse. She stated in the cross examination that she had not told the police that the person in the police station was the same who had snatched the purse from her before the questioning of the accused started. It has further come on record that no description of the accused had been given by the complainant at the time of registration of the FIR and even the number of the motorcycle could not be noted down by the complainant. The cross examination of the complainant definitely created a dent in the case of the prosecution which was rightly considered by the trial Court.

10. In so far as the recovery of the mobile phone and Rs. 12,000/- in cash are concerned, the same cannot also be relied upon firstly in view of the untrustworthy statement of the complainant. Secondly in so far as the mobile phone is concerned, no bill was produced on record. It was not proved that the mobile phone which had been released on Sapurdari was the same which had been allegedly recovered from the accused. PW-6-Aanchal duly stated in her evidence that the bill of the mobile phone and the details of the Sim had been handed o